Compilation #146 | Effective 2026-03-26
FRBR Work URI: /akn/au/act/1956/90
These Regulations are the Customs (Prohibited Imports) Regulations 1956.
In these Regulations, unless the contrary intention appears:
adjustable stock has the meaning given in subregulation 4F(4).
asbestos has the same meaning as in the Work Health and Safety Regulations 2011.
assisted repeating action has the meaning given by subregulation 4F(4).
Australia New Zealand Food Standards Code has the same meaning as in the Food Standards Australia New Zealand Act 1991.
Australian Standard means a standard approved for publication on behalf of the Council of the Standards Association of Australia, being the association of that name incorporated by Royal Charter.
Australian Wool Exchange means the Australian Wool Exchange Limited ACN 061 495 565.
Australian Wool Exchange Standard means a standard published by the Australian Wool Exchange.
British Standard means a standard issued by the British Standards Institution established under Royal Charter.
component of ammunition has the meaning given in subregulation 4F(4).
detachable stock has the meaning given in subregulation 4F(4).
electro-shock cartridge has the meaning given in subregulation 4F(4).
encapsulator has the meaning given by subregulation 4G(7).
fails the public safety test for firearms has the meaning given by subregulation 4FA(5).
fails the public safety test for weapons has the meaning given by subregulation 4HA(5).
firearm has the meaning given in subregulation 4F(4).
firearm accessory has the meaning given in subregulation 4F(4).
firearm magazine has the meaning given in subregulation 4F(4).
firearm part has the meaning given in subregulation 4F(4).
flash point means the temperature at which petroleum and shale products (including kerosene) give off an inflammable vapor upon being tested by the Abel Pensky closed test apparatus.
folding stock has the meaning given in subregulation 4F(4).
Foreign Department means the Department administered by the Foreign Minister.
Foreign Minister means the Minister administering the Charter of the United Nations Act 1945.
Foreign Secretary means the Secretary of the Foreign Department.
handgun has the meaning given in subregulation 4F(4).
imitation has the meaning given by subregulation 4F(4).
International Tonnage Certificate (1969) means a certificate in the form of the International Tonnage Certificate (1969) set out in Annex II to the International Convention on Tonnage Measurement of Ships, 1969.
IUPAC name means a designation attributed to a chemical by the International Union of Pure and Applied Chemistry, being a designation contained in International Standard ISO 1750—1981: Pesticides and Agrochemicals—Common Names, Published at Geneva by the International Standards Organisation in 1981.
kava means a plant or part of a plant of the species Piper methysticum or a preparation obtained from the plant or part of the plant.
mercury means elemental mercury (Hg(0), CAS No. 7439-97-6), and includes mixtures of mercury (including alloys of mercury) with a mercury concentration of at least 95% by weight, but does not include non-Minamata mercury.
Minamata Convention means the Minamata Convention on Mercury done at Minamata on 10 October 2013, as in force for Australia at the commencement of this definition.
non-Minamata mercury means any of the following:
Note: The Convention could in 2021 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
mercury to be used for laboratory-scale research or as a reference standard;
naturally occurring trace quantities of mercury present in:
products such as non-mercury metals, ores or mineral products (including coal); or
products derived from the products mentioned in subparagraph (i);
unintentional trace quantities of mercury in chemical products.
passes the public safety test for firearms has the meaning given by subregulation 4FA(4).
passes the public safety test for weapons has the meaning given by subregulation 4HA(4).
poppy straw means any part (other than the seeds) of either of the following: (a) a plant of the species Papaver somniferum (otherwise known as opium poppy); (b) a plant of the species Papaver bracteatum.
(a) a plant of the species Papaver somniferum (otherwise known as opium poppy);
(b) a plant of the species Papaver bracteatum.
public safety test for firearms means the rules made by the Minister under subregulation 4FA(6).
public safety test for weapons means the rules made by the Minister under subregulation 4HA(6).
security sensitive ammonium nitrate means any of the following: ammonium nitrate; an emulsion that is made up of more than 45 per cent ammonium nitrate; a mixture that is made up of more than 45 per cent ammonium nitrate; but does not include ammonium nitrate in solution. skirmish marker has the meaning given in subregulation 4F(4).
ammonium nitrate;
an emulsion that is made up of more than 45 per cent ammonium nitrate;
a mixture that is made up of more than 45 per cent ammonium nitrate;
but does not include ammonium nitrate in solution.
skirmish marker has the meaning given in subregulation 4F(4).
speed loader means a device covered by paragraph (d) of the definition of firearm accessory in subregulation 4F(4).
straight pull repeating action has the meaning given by subregulation 4F(4).
tablet press has the meaning given by subregulation 4G(7).
the Act means the Customs Act 1901.
therapeutic substance means a substance, including a mixture or compound of substances, that has a therapeutic use and includes a surgical ligature, suture or dressing, but does not include a vaccine prepared from microscopic organisms from the body of a person or animal for use in the treatment of that person or animal only.
therapeutic use means a use for the purpose of: the preventing, diagnosing, curing or alleviating of a disease, ailment, defect or injury in persons or animals; the influencing, inhibiting or modifying of a physiological process in persons or animals; or the testing of the susceptibility of persons or animals to a disease or ailment.
the preventing, diagnosing, curing or alleviating of a disease, ailment, defect or injury in persons or animals;
the influencing, inhibiting or modifying of a physiological process in persons or animals; or
the testing of the susceptibility of persons or animals to a disease or ailment.
Work Health and Safety Minister means the Minister administering the Work Health and Safety Act 2011.
For the purposes of these Regulations:
a reference to a British Standard published on a date specified in these Regulations shall be read as a reference to such British Standard published by the British Standards Institution on that date; and
where a British Standard refers to another instrument, that instrument shall be deemed to be incorporated with, and form part of, the British Standard.
For the purposes of these Regulations:
a reference to an Australian Standard, or a Part of an Australian Standard, published on a date specified in these Regulations shall be read as a reference to the Australian Standard, or the Part of an Australian Standard, as the case requires, approved for publication on that date; and
where an Australian Standard refers to another instrument, that instrument shall be deemed to be incorporated with, and form part of, the Australian Standard.
For the purposes of these Regulations:
a reference to an Australian Wool Exchange Standard published on a date specified in these Regulations is taken to include a reference to the Australian Wool Exchange Standard approved for publication on that date; and
if an Australian Wool Exchange Standard refers to another instrument, that instrument is taken to be incorporated with, and form part of, the Australian Wool Exchange Standard.
The importation of goods specified in Schedule 1 is prohibited absolutely.
The importation of a device designed or customised to be used by a person to commit suicide, or to be used by a person to assist another person to commit suicide, is prohibited absolutely.
The importation of the following documents is prohibited absolutely:
a document that promotes the use of a device mentioned in subregulation (1);
a document that counsels or incites a person to commit suicide using one of those devices;
a document that instructs a person how to commit suicide using one of those devices.
The criteria in relation to goods mentioned in subregulation 4F(2) and paragraph 4H(2)(a) are that the goods:
are goods the owner of which is the defence force of any of the following countries:
Brunei Darussalam;
Canada;
Japan;
Malaysia;
New Zealand;
Papua New Guinea;
the Kingdom of Cambodia;
the Kingdom of Thailand;
the Republic of Fiji;
the Republic of Indonesia;
the Republic of the Philippines;
the Republic of Singapore;
the United Kingdom;
the United States of America;
Tonga; and
have been imported into Australia by:
the defence force that is the owner of the goods; or
a member of that defence force to whom the goods have been issued.
The criteria for goods mentioned in subregulation 4F(2B) and paragraph 4H(2)(c) are that:
the goods are imported into Australia on an aircraft by an air security officer while carrying out his or her duties; and
there is an arrangement between the foreign government employing the air security officer and the Government of Australia providing for the importation of the goods into Australia on aircraft by air security officers; and
immediately after the goods are imported, the air security officer surrenders the goods to an authorised officer for secure storage until the goods are exported in accordance with paragraph (d); and
within 3 months after the goods were imported into Australia, they are exported from Australia.
In this regulation:
air security officer means a person who is employed and trained by a foreign government to travel on an aircraft to provide security for the aircraft and its passengers and crew, but does not include a person who is employed to provide exclusive personal protection for 1 or more specific people travelling on the aircraft (for example, personal bodyguards).
authorised officer means an officer authorised in writing by the Comptroller-General of Customs to be an authorised officer for this regulation.
The criteria for goods mentioned in subregulation 4F(2B) and paragraph 4H(2)(a) are that:
the goods are imported into Australia only for the purposes of transhipment to another country; and
(b) if the exportation of the goods would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958—such a permission is produced to a Collector; and
the goods remain under the effective control of a Collector while in Australia.
This regulation provides for criteria in relation to an article mentioned in subregulation 4F(2B), if one or more of the following items in Part 2 of Schedule 6 apply to the article:
item 1;
item 2;
item 2A;
item 2B;
item 9;
item 9B;
item 10;
item 13B;
item 14A;
item 14B;
item 17;
item 20;
item 23.
The criteria for the article are that:
the importer is an individual resident in Australia; and
the importer departed Australia with the article, and is returning from an overseas voyage with the article; and
at or before importation, the importer produces:
(i) if the exportation of the article would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958—such a permission; or
in any other case—evidence that the person lawfully possessed the article before departing Australia; and
the importer used, or had intended to use, the article while overseas to take part in a lawful competition organised by a shooting organisation, or in a lawful hunting activity; and
the importer holds a licence or authorisation to possess the article, in accordance with the law of the State or Territory where he or she lives; and
the article has not been modified, except for the purposes of repair, since it was exported.
This regulation provides for criteria for the following goods, if the goods are specified in Part 2 of Schedule 13:
(a) Article 3(1) US Defence Articles within the meaning of the Defence Trade Controls Act 2012;
(b) Article 3(3) US Defence Articles within the meaning of the Defence Trade Controls Act 2012.
(2) The criteria are that the goods are to be imported to Australia by an Australian Community member (within the meaning of the Defence Trade Controls Act 2012) for one or more of the activities mentioned in paragraphs (a) to (d) of Article 3(1) of the Defense Trade Cooperation Treaty (within the meaning of that Act).
Note: This regulation applies to goods covered by the Defense Trade Cooperation Treaty. If the criteria are satisfied, Ministerial permission is not required for the importation of these goods. See regulation 4H.
The importation into Australia of the goods specified in Schedule 2 is prohibited unless the permission in writing of the Minister or an authorised person to import the goods has been granted.
(1AA) Where, in relation to an application for a permission under subregulation (1), an authorised person has formed an opinion that the permission should not be granted, the authorised person is to refer the application to the Minister.
(1AB) Where an application has been referred to the Minister in accordance with subregulation (1AA), the Minister may grant, or refuse to grant, the permission.
(1AC) In subregulations (1) and (1AA), authorised person means a person authorised in writing by the Minister for the purposes of this subregulation.
A permission granted for the purposes of subregulation (1) or (1AB) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify the time, being a time either before or after the importation of the goods to which the permission relates, at or before which the condition or requirement is to be complied with by the holder of the permission.
The importation into Australia of the goods specified in the second column of Schedule 3 is prohibited unless the conditions, restrictions or requirements specified in the third column of that Schedule opposite to the description of the goods are complied with.
(1) In this regulation, unless the contrary intention appears:
authorised person means a person appointed to be an authorised person under subregulation (2A).
computer game means a computer program and associated data capable of generating a display on a computer monitor, television screen, liquid crystal display or similar medium that allows the playing of an interactive game.
computer generated image means an image (including an image in the form of text) produced by use of a computer on a computer monitor, television screen, liquid crystal display or similar medium from electronically recorded data.
film includes a cinematograph film, a slide, video tape and video disc and any other form of recording from which a visual image, including a computer generated image, can be produced, but does not include a computer game.
interactive game means a game in which the way the game proceeds and the result achieved at various stages of the game is determined in response to the decisions, inputs and direct involvement of the player.
publication means any book, paper, magazine, film, computer game or other written or pictorial matter.
responsible Minister means the Minister administering Part 2 of the Classification (Publications, Films and Computer Games) Act 1995.
terrorist act has the same meaning as in section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).
Note: The definition of terrorist act in that section covers actions or threats of actions.
(1A) This regulation applies to publications and any other goods, that:
describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be imported; or
describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or who appears to be, a child under 18 (whether the person is engaged in sexual activity or not); or
promote, incite or instruct in matters of crime or violence; or
promote or incite the misuse of a drug specified in Schedule 4; or
advocate the doing of a terrorist act.
(1AA) Without limiting subregulation (1A), this regulation also applies to a computer game classified RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995.
(1AB) Without limiting subregulation (1A), this regulation also applies to goods that:
(a) are or contain violent extremist material (within the meaning of the Criminal Code); or
(b) are, depict or contain prohibited symbols (within the meaning of the Criminal Code).
For paragraph (1A)(f), publications and any other goods advocate the doing of a terrorist act if they:
directly or indirectly counsel, promote, encourage or urge the doing of a terrorist act; or
directly or indirectly provide instructions on the doing of a terrorist act; or
(c) directly praise the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (Criminal Code) that the person might suffer) to engage in a terrorist act. within the meaning of section 7.3 of the
For paragraph (1A)(f), publications and any other goods do not advocate the doing of a terrorist act if they depict or describe a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
The importation of goods to which this regulation applies is prohibited unless:
a written permission to import the goods has been granted by the responsible Minister or an authorised person; or
the goods are being imported by a police officer for the purposes of criminal investigation or law enforcement (including criminal prosecution); or
(c) the goods are covered by paragraph (1AB)(a) or (b) and are being imported for the purpose of engaging in conduct covered by subparagraph 80.2H(9)(a)(i) or (b)(ii), or paragraph 80.2H(10)(a), (b), (c), (d) or (e), of the Criminal Code.
(2AA) In considering whether to grant a permission under subregulation (2), the responsible Minister or the authorised person is to have regard to:
the purposes for which the goods are to be imported; and
the extent to which the person to whom any permission to import the goods would be granted conducts activities of an artistic or educational, or of a cultural or scientific, nature to which the goods relate; and
the reputation of the person referred to in paragraph (b), both generally and in relation to an activity referred to in that paragraph; and
the ability of that person to meet conditions that may be imposed under subregulation (3) in relation to the goods; and
any other relevant matters.
(2A) The responsible Minister may, by instrument in writing, appoint a person to be an authorised person for the purposes of subregulation (2).
(3) A permission under this regulation shall be subject to such conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, reproduction, disposal, destruction or exportation of the goods, or with respect to accounting for the goods, as the responsible Minister or an authorised person thinks necessary to ensure that the goods are not used otherwise than for the purpose for which the permission is granted.
(4) Application may be made to the Administrative Review Tribunal for review of a decision of the responsible Minister under subregulation (2):
refusing to grant a permission; or
granting a permission subject to conditions by the person to whom the permission was granted subject to conditions.
(5) The responsible Minister may certify in writing that in his or her opinion it is in the public interest that responsibility for a permission or a refusal of a permission specified in the certificate should reside solely with the responsible Minister and should not be reviewable by the Administrative Review Tribunal.
(6) The responsible Minister is to give a copy of a certificate to the person to whom permission was refused or given subject to conditions under subregulation (4).
(7) A certificate must include a statement of the grounds on which the certificate is issued.
(8) While a certificate is in force in relation to a permission or a refusal of a permission, subregulation (4) does not apply to that permission or refusal.
(9) The responsible Minister is to cause a copy of a certificate to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the certificate is issued.
(10) Subject to subregulation (6), if the responsible Minister:
refuses to grant a permission to a person; or
grants a permission to a person subject to conditions;
he or she is to inform the person of the decision by notice in writing within 30 days after making the decision.
(11) A notice under subregulation (10) must include:
(a) a statement to the effect that application may be made to the Tribunal under the Administrative Review Tribunal Act 2024 for review of the decision to which the notice relates; and
except where subsection 269(7) of that Act applies—a statement to the effect that a person whose interests are affected by a reviewable decision may, under section 268 of that Act, request a statement of reasons for the decision.
(12) A contravention of subregulation (11) in relation to a decision does not affect the validity of the decision.
The importation of plastic explosives into Australia is prohibited unless:
a permission to import the plastic explosives has been granted in writing by the Minister or an authorised person; and
the permission is produced to the Collector.
If, on an application for a permission under subregulation (1), an authorised person forms an opinion that the permission should not be granted:
the authorised person must refer the application to the Minister; and
the Minister may grant, or refuse to grant, the permission.
A permission may specify:
conditions or requirements to be complied with by the holder of the permission; and
when the holder must comply with a condition or requirement, whether before or after the importation of the plastic explosives to which the permission relates.
If the holder of a permission engages in conduct that contravenes a condition or requirement of the permission:
the Minister; or
the authorised person;
may, by writing, revoke the permission.
The Minister or the authorised person may revoke a permission under subregulation (4) whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act of engaging in conduct that contravenes the condition or requirement.
This regulation does not apply to plastic explosives included in a class of goods described in Schedule 13.
In this regulation:
authorised person means an SES employee, or an acting SES employee, in the Department who is authorised in writing by the Minister to be an authorised person for the purposes of this regulation.
plastic explosive has the same meaning as in Subdivision B of Division 72 of the Criminal Code.
(1) This regulation applies to the following goods:
substances obtained by chlorinating biphenyls;
goods containing substances obtained by chlorinating biphenyls;
substances obtained by chlorinating terphenyls or other polyphenyls; and
goods containing substances obtained by chlorinating terphenyls or other polyphenyls.
(2) The importation into Australia of goods to which this regulation applies is prohibited unless a permission, in writing, to import the goods has been granted by the Minister.
(3) A permission under this regulation shall be subject to such conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, disposal or destruction of the goods, or with respect to accounting for the goods, as the Minister thinks necessary to ensure that the goods are not used otherwise than for the purpose for which the permission is granted.
Subject to subregulation (2), the importation of mercury into Australia is prohibited unless:
a permission to import the mercury has been granted in writing under any of the following:
(i) the Agricultural and Veterinary Chemicals (Administration) Regulations 1995;
(ii) the Industrial Chemicals (General) Rules 2019;
(iii) the Therapeutic Goods Regulations 1990; and
the permission is produced to a Collector.
Subregulation (1) does not apply to the importation of mercury from a Party to the Minamata Convention.
(1) In this regulation fish includes all species of bony fish, sharks, rays, crustaceans, molluscs and other marine organisms, but does not include marine mammals or marine reptiles.
(2) This regulation applies to fish, other than fish that are, by virtue of section 131A of the Act, not subject to customs control, that:
(a) have been taken in waters beyond the outer limits of the Australian fishing zone within the meaning of the Fisheries Management Act 1991; and
have not been landed at a port or place in a country outside Australia;
whether the fish are fresh, smoked, preserved in airtight containers or frozen.
Despite subregulation (2), this regulation does not apply to fish to which regulation 4BA applies.
(3) The importation of fish, or of parts of fish, to which this regulation applies is prohibited unless the importer produces to the Collector the permission, in writing, of the Minister administering the Fisheries Management Act 1991.
This regulation applies to fish of a species specified in Schedule 3A (except fish that are, by virtue of section 131A of the Act, not subject to customs control), whether fresh, frozen, smoked, preserved in airtight containers or in any other form.
The importation into Australia of fish, or of parts of fish, to which this regulation applies is prohibited unless:
a permission in writing to import the fish has been granted by the Minister or an authorised officer; and
the permission is produced to the Collector.
If, on an application for a permission under subregulation (2), an authorised officer forms an opinion that the permission should not be granted:
the authorised officer must refer the application to the Minister; and
the Minister may grant, or refuse to grant, the permission.
A permission may specify:
conditions or requirements to be complied with by the holder of the permission; and
when the holder must comply with a condition or requirement, whether before or after the importation of the fish to which the permission relates.
If the holder of a permission does not comply with a condition or requirement of the permission, the Minister, by writing, may revoke the permission.
The Minister may revoke a permission under subregulation (5) whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act for not complying with the condition or requirement.
In this regulation:
authorised officer means an officer within the meaning of subsection 4(1) of the Fisheries Management Act 1991 who is authorised by the Minister, in writing, for the purposes of this regulation.
Minister means the Minister administering the Fisheries Management Act 1991.
The importation into Australia of asbestos, or goods containing asbestos, is prohibited unless:
the importation is of raw materials that contain naturally occurring traces of asbestos; or
for the importation:
a permission is in force under subregulation (2); and
a copy of the permission is produced to a Collector if the Collector requests; or
for the importation:
a confirmation from an authority of a State or Territory is in force stating that the proposed use of the asbestos or goods is research, analysis or display in accordance with the law of the State or Territory relating to work health and safety; and
a copy of the confirmation is produced to a Collector if the Collector requests; or
(c) the importation is of hazardous waste Hazardous Waste (Regulation of Exports and Imports) Act 1989; oras defined in section 4 of the
all of the following apply:
the importation is of a ship or resources installation of at least 150 gross tonnage, as shown by the International Tonnage Certificate (1969) for the ship or resources installation;
the asbestos in the ship or resources installation was fixed or installed before 1 January 2005;
the asbestos in the ship or resources installation will not be a risk to any person unless the asbestos is disturbed.
Note: Ship and Resources installation are defined in section 4 of the Act.
For the purposes of paragraph (1)(b), the Work Health and Safety Minister, or a person authorised by that Minister, may in writing grant permission for the importation of asbestos or goods containing asbestos.
However, that Minister or authorised person may grant the permission only if that Minister or person is satisfied that the asbestos is, or the goods are, to be imported only for one or more of the following purposes:
in any case—research, analysis or display;
if the importation is from an external Territory—disposal in a State or Territory.
A permission under subregulation (2) may be granted subject to conditions or requirements to be complied with by a person either before or after the importation.
(1) The importation into Australia of unmanufactured tobacco or tobacco refuse mentioned in heading 2401 of Schedule 3 to the Customs Tariff Act 1995 is prohibited unless:
the person importing the tobacco or refuse is the holder of:
(i) a dealer licence granted under Excise Act 1901; orPart IV of the
(ii) a manufacturer licence, to manufacture excisable tobacco or tobacco products, granted under Excise Act 1901; andPart IV of the
a permission in writing to import the tobacco or refuse has been given by the Commissioner of Taxation; and
the permission is produced to a Collector.
An application for a permission must be:
in writing; and
lodged with the Commissioner.
An applicant for a permission must give the Commissioner in writing any information the Commissioner reasonably requires for the application.
In deciding whether to grant a permission, the Commissioner:
(a) must consider the applicant’s compliance with the Excise Act 1901; and
may consider any other relevant matters.
A permission may specify:
conditions to be complied with by the holder of the permission; and
when the holder of the permission must comply with a condition, whether before or after the importation of the tobacco or refuse to which the permission relates.
If the holder of a permission does not comply with a condition of the permission, the Commissioner may, by writing, revoke the permission.
Subregulations (8) and (9) apply if the Commissioner decides:
not to grant a permission; or
to specify a condition for a permission; or
to revoke a permission.
The Commissioner must give the applicant written notice of the decision as soon as practicable after making the decision.
(9) A person who is dissatisfied with the decision may object against it in the manner set out in Taxation Administration Act 1953.Part IVC of the
Note: Taxation Administration Act 1953 applies if a provision of regulations provides that a person who is dissatisfied with a decision may object against it in the manner set out in the Part: see section 14ZL of that Act.Part IVC of the
A current consent given by the Treasurer under item 2 of Schedule 3 as in force immediately before the commencement of this provision is taken to be a permission granted by the Commissioner, subject to any conditions to which the consent was subject.
Importation of tobacco products without permission is prohibited
The importation of tobacco products into Australia is prohibited under this regulation unless:
a permission to import the tobacco products has been granted in writing by the Minister or an authorised person and the permission is produced to the Collector; or
the Minister has approved the importation under subregulation (9).
Certain tobacco products exempt from prohibition under this regulation
Subregulation (1) does not apply to the importation of the following:
tobacco of a kind specified in regulation 4D;
chewing tobacco and snuffs intended for oral use;
cigars;
tobacco products:
(i) that are prescribed by by-law for the purposes of item 15 of Schedule 4 to the Customs Tariff Act 1995; and
that are imported by passengers, or members of the crew, of ships or aircraft; and
on which duty is not payable.
Note 1: Regulation 4D prohibits the importation of unmanufactured tobacco and certain tobacco refuse without permission from the Commissioner of Taxation.
Note 2: Subregulation 4(2) prohibits the importation of chewing tobacco and snuffs intended for oral use unless certain conditions and restrictions are complied with (see Schedule 3).
Application for permission
An applicant for a permission under subregulation (1) must:
lodge a written application with the Minister or an authorised person; and
give to the Minister or authorised person any information that the Minister or authorised person reasonably requires for the purpose of making a decision on the application.
Dealing with application for permission
In considering whether to grant a permission, the Minister or authorised person may consider any relevant matter.
The Minister or authorised person must not grant a permission unless the applicant gives all the information required by the Minister or authorised person under paragraph (3)(b).
The Minister or authorised person may grant a permission subject to conditions or requirements, specified in the permission, to be complied with by the holder of the permission.
Revocation of permission
The Minister or authorised person may, in writing, revoke a permission if:
the holder of the permission does not comply with a condition or requirement of the permission; or
the Minister or authorised person is satisfied that revocation is necessary:
for the protection of the revenue; or
for ensuring compliance with the Customs Acts.
Notice of decision to refuse or revoke permission
If the Minister or authorised person decides:
not to grant a permission; or
to revoke a permission;
the Minister or authorised person must give the applicant or holder of the permission written notice of the decision as soon as practicable after making the decision.
Minister may approve importation of specified tobacco products etc.
The Minister may, by legislative instrument, approve the importation into Australia of a tobacco product that meets one or more of the following:
the tobacco product is specified in, or included in a class of tobacco products specified in, the approval;
the tobacco product is imported by a person, or class of persons, specified in, the approval;
the tobacco product does not exceed a value or amount specified in the approval;
the tobacco product is imported in a way, or by a means, specified in the approval.
In this regulation:
authorised person means an APS employee in the Department who is authorised in writing by the Minister to be an authorised person for the purposes of this regulation.
(1) The importation into Australia of an article of glazed ceramic ware of a kind normally used for or in connexion with the storage or consumption of food is prohibited if the article is an article of a kind specified in an item in Schedule 7 and, when tested with the prescribed solution in accordance with the method specified in that item (in column 3), releases to the solution lead or cadmium in an amount per volume of solution in excess of the amounts of lead and cadmium per volume of solution respectively specified in that item (in columns 4 and 5).
(2) For the purposes of subregulation (1), the prescribed solution is a solution consisting of four per centum by volume of glacial acetic acid in water, being water that conforms with British Standard 3978 published on 18 February 1966.
(1) Subject to subregulations (2) and (2B), the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation is prohibited unless:
the firearm, firearm accessory, firearm part, firearm magazine, ammunition, a component of ammunition or an imitation is an article to which an item in Part 2 of Schedule 6 applies; and
the importation is in accordance with the requirements set out in column 3 of the item; and
if the public safety test for firearms is applied under regulation 4FA to the importation of the article—the importation of the article passes the public safety test for firearms.
(1AA) Despite subregulation (1), the importation of an article that fails the public safety test for firearms is not prohibited if the importation of the article complies with the public interest test set out in item 8A, or the national interest test set out in item 8B, of Part 1 of Schedule 6.
Without limiting paragraph (1)(b), if column 3 of an item in Part 2 of Schedule 6 sets out a requirement for the importation of an article to comply with a specified test, or at least one of a list of specified tests, that requirement may be met by compliance with one of the following tests (whether or not any test specified in column 3 of that item is also complied with):
the public interest test set out in item 8A of Part 1 of that Schedule;
the national interest test set out in item 8B of Part 1 of that Schedule.
(2) Subregulation (1) does not apply to the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation that meets the criteria set out in regulation 3A.
Also, subregulation (1) does not apply to the importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation that meets the criteria mentioned in regulation 3C, 3D or 3E.
(3) The importation of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation is subject to the conditions (if any), set out in Part 3 (other than item 1) of Schedule 6, that relate to the importation.
The Attorney-General must, before 31 December 2016, complete a review of items 2B, 4, 7, 9B, 10, 13, 15, 16, 16A and 17 of Part 2 of Schedule 6.
(4) In this regulation:
adjustable stock means a stock that may be adjusted by more than 120 mm.
assisted repeating action: a firearm is an assisted repeating action firearm if:
the firearm operates with a self-opening repeating action, or a self-closing repeating action; and
the cycle of operation of the firearm is partly automated.
barrel extension means a metal projection:
which extends rearward from the breech end of a firearm barrel; and
into which the breech locks while the firearm is in battery or firing position.
component of ammunition means a projectile, cartridge casing or primer designed or adapted for use in ammunition.
deactivated firearm means an article that:
was in a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
has been rendered incapable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
cannot be returned to a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
still has the appearance of a firearm, and could reasonably be taken to be a firearm.
Note: A firearm can be deactivated to the extent that it is incapable of being returned to its original firing condition, while keeping the appearance of a firearm.
For the article to be incapable of being returned to its original firing condition, all major parts of the article must be destroyed, permanently incapacitated or permanently immobilised. This includes (but is not limited to) the bolt, barrel, gas system, receiver, trigger, sear or hammer, feed pawls and actuating arm or arms. This can be done:
(a) by fusion welding, which is welding material into the barrel, and welding of all the major parts of the firearm, in a way that cannot be reversed; or
(b) by sectioning, which is the machining or milling of all the major parts of the firearm in a way that cannot be reversed, exposing the internal mechanism; or
another method of treating the major parts that ensures that the parts are deactivated to the extent that the firearm is incapable of being returned to its original firing condition.
detachable stock means a stock that:
is easily removable from a firearm without the use of a tool; and
does not make the firearm dangerous to operate or unreasonable to fire when removed.
electro-shock cartridge means ammunition, discharged from a firearm, that is designed or adapted to deliver an electric shock or charge on impact.
firearm:
means a device designed or adapted to discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas, whether that device is fitted with a magazine or other feeding device designed to be used with it or not; and
includes the following devices:
a deactivated firearm;
a blank-fire firearm;
any flare gun or signalling device, except a flare gun or signalling device mentioned in subparagraph (c)(iii); and
does not include the following devices:
a nailing or stapling gun;
an explosive-powered fixing tool;
a flare gun or other signalling device, designed for emergency or life-saving purposes;
a line-thrower;
a hand-operated device that uses blank cartridges to propel objects for retrieval in connection with the training of dogs;
a tranquilliser gun;
a gun that operates a captive bolt for the slaughter of animals;
a device for the casting of weighted nets;
large calibre armament, weapons, launchers, throwers and projectors, designed for grenades, bombs, rockets or any other missile, ammunition or substance, to which item 1 of Part 2 of Schedule 13 applies;
a sidewall core gun designed for geological purposes, mining purposes, or both;
an expandable casing perforation gun designed for geological purposes, mining purposes, or both;
a hand-held electric device to which item 3 of Part 2 of Schedule 13 applies;
(xiii) a low power device that meets the requirements of a projectile toy under the Consumer Goods (Projectile Toys) Safety Standard 2020, as in force from time to time.
firearm accessory means any of the following devices, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished:
a silencer, sound moderator, sound suppressor or any other device designed to reduce, or capable of reducing, the noise of discharge of the firearm;
a device designed to modify, or capable of converting, a firearm to give it any of the following capabilities:
burst fire;
semi-automatic operation;
fully automatic operation;
a device designed to give, or capable of giving, a firearm the capability of being operated in a way that mimics:
burst fire; or
fully automatic operation;
Example: A bump stock or auto glove.
a device that holds multiple rounds of ammunition, other than ammunition mentioned in item 14A or 14B of Part 2 of Schedule 6, in alignment for the purpose of quickly reloading a firearm, a cylinder or a firearm magazine;
a firearm part to which a firearm accessory is attached or is integral.
firearm magazine means a magazine designed or intended for use with a firearm, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished.
firearm part, for a firearm, means any of the following items, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished:
a gas piston, friction ring, action bar, breech bolt or breech block;
a firearm barrel;
a barrel extension;
a trigger mechanism;
a frame or receiver;
a slide;
an upper receiver;
a lower receiver;
a revolving cylinder;
a bolt carrier;
an adjustable, detachable or folding stock;
something, other than a complete firearm, that includes one or more of the items mentioned in paragraphs (a) to (j).
Note: The effect of the definition is that some items used in a firearm are not treated as ‘firearm parts’ by themselves, including the following items:
a firearm accessory, a firearm magazine or ammunition;
a screw, spring, or other minor component, of a firearm.
folding stock means a stock that is designed to be, or capable of being, folded in any way to reduce the length of a firearm.
handgun means a firearm that must be:
reasonably capable of being raised and fired with one hand; and
reasonably capable of being carried or concealed on the body of a person; and
not more than 650 mm long.
imitation means an article, of any material or colour:
that:
is a copy or reproduction of a firearm; or
has the appearance of a firearm; and
that is not capable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and
that could reasonably be taken to be a firearm; and
that is not a blank-fire firearm.
skirmish marker:
means a firearm that is designed to fire plastic, polymer or hydrated superabsorbent polymer balls, darts, discs or similar projectiles of any material; and
includes goods commonly known as airsoft handguns, airsoft rifles, airsoft shotguns, blasters, gel blasters or gel ball blasters.
straight pull repeating action: a firearm is a straight pull repeating action firearm if the firearm is operated by movement of a bolt or handle along a single linear axis (that is, without rotation).
Minister may apply public safety test for firearms
At or before the importation of an article to which regulation 4F applies, the Minister may assess whether the importation of the article poses a risk to the health, safety or security of the public or a segment of the public.
Note: Regulation 4F applies to the importation of firearms, firearm accessories, firearm parts, firearm magazines, ammunition, components of ammunition and imitations.
To avoid doubt, the Minister does not have any obligation to consider whether to assess the importation of an article under subregulation (1).
The Minister may, at any time, require the person importing the article to give to the Minister any information that the Minister reasonably requires for the purpose of assessing the importation of the article.
When importation of an article passes or fails the public safety test for firearms
(4) The importation of an article passes the public safety test for firearms if:
the Minister assesses the importation of the article under subregulation (1); and
the Minister determines, in accordance with the legislative instrument made under subregulation (6), that the importation of the article does not pose a risk to the health, safety or security of the public or a segment of the public.
(5) The importation of an article fails the public safety test for firearms if:
the Minister assesses the importation of the article under subregulation (1); and
the Minister determines, in accordance with the legislative instrument made under subregulation (6), that the importation of the article poses a risk to the health, safety or security of the public or a segment of the public.
Note: If the importation of an article fails the public safety test for firearms, the article is generally prohibited from being imported (see subregulations 4F(1) and (1AA)).
Rules relating to public safety test for firearms
For the purposes of this regulation, the Minister must, by legislative instrument, makes rules for and in relation to whether the importation of an article to which regulation 4F applies poses a risk to the health, safety or security of the public or a segment of the public.
Public includes emergency services personnel
To avoid doubt, a reference in this section to the public or a segment of the public includes a reference to emergency services personnel who serve the public.
The importation into Australia of a tablet press or encapsulator is prohibited unless the Minister or an authorised person has granted permission in writing to import the tablet press or encapsulator.
An applicant for permission to import a tablet press or encapsulator must:
lodge a written application with the Minister or an authorised person; and
give to the Minister or authorised person any information that the Minister or authorised person reasonably requires for the purpose of making a decision on the application.
In considering whether to grant permission, the Minister or authorised person may consider any relevant matter.
A permission may specify:
conditions or requirements for the permission; and
a time (before or after the importation of the tablet press or encapsulator) at which the holder must comply with a condition or requirement.
If the holder of a permission engages in conduct that contravenes a condition or requirement, the Minister or authorised person may revoke the permission in writing.
The Minister or authorised person may revoke a permission whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act of engaging in conduct that contravenes the condition or requirement.
In this regulation:
authorised person means a person who is authorised by the Minister under subregulation (8) to be an authorised person.
encapsulator means:
equipment that can be used to produce a coherent solid capsule by completely enveloping any of the following:
a powdered or granular solid;
semi-solid material;
a liquid;
a gas; or
equipment to which paragraph (a) would apply were the equipment not incomplete, damaged, temporarily or permanently inoperable, or unfinished.
tablet press means:
equipment that can be used to compact or mould either or both of the following into a coherent solid tablet:
a powdered or granular solid;
semi-solid material; or
equipment to which paragraph (a) would apply were the equipment not incomplete, damaged, temporarily or permanently inoperable, or unfinished.
(8) For the purposes of the definition of authorised person in subregulation (7), the Minister may, in writing, authorise the following to be an authorised person for the purposes of this regulation:
an SES employee, or an acting SES employee, in the Department;
an APS employee in the Department.
Subject to subregulation (2), the importation into Australia of a weapon or weapon part of the kind mentioned in an item in Part 2 of Schedule 13 is prohibited unless:
the importation is in accordance with the requirements set out in the item; and
if the public safety test for weapons is applied under regulation 4HA to the importation of the goods—the importation of the goods passes the public safety test for weapons.
Despite subregulation (1), the importation of goods that fail the public safety test for weapons is not prohibited if the importation of the goods complies with the public interest test set out in item 9, or the national interest test set out in item 10, of Part 1 of Schedule 13.
Subregulation (1) does not apply to the following goods:
goods that:
are specified in Part 2 of Schedule 13; and
meet the criteria set out in regulation 3A or 3D;
goods that:
are specified in item 2, 3, 5, 6, 12, 14, 20, 23, 24, 26, 27, 29, 33, 41, 42 or 45 of Part 2 of Schedule 13; and
meet the criteria set out in subregulation 3C(1);
goods that:
are covered by subregulation 3F(1); and
meet the criteria set out in regulation 3F.
A permission granted under item 1, 2, 3, 4, 5, 7, 8, 9 or 10 of Part 1 of Schedule 13 may specify:
conditions or requirements to be complied with by the holder of the permission; and
when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the good to which the permission relates.
The importation of a weapon or weapon part is also subject to the conditions (if any), set out in Part 3 of Schedule 13, that relate to the importation.
Minister may apply public safety test for weapons
At or before the importation of goods to which regulation 4H applies, the Minister may assess whether the importation of the goods poses a risk to the health, safety or security of the public or a segment of the public.
Note: Regulation 4H applies to the importation of weapons and weapon parts.
To avoid doubt, the Minister does not have any obligation to consider whether to assess the importation of goods under subregulation (1).
The Minister may, at any time, require the person importing the goods to give to the Minister any information that the Minister reasonably requires for the purpose of assessing the importation of the goods.
When importation of goods passes or fails the public safety test for weapons
(4) The importation of goods passes the public safety test for weapons if:
the Minister assesses the importation of the goods under subregulation (1); and
the Minister determines, in accordance with the legislative instrument made under subregulation (6), that the importation of the goods does not pose a risk to the health, safety or security of the public or a segment of the public.
(5) The importation of goods fails the public safety test for weapons if:
the Minister assesses the importation of the goods under subregulation (1); and
the Minister determines, in accordance with the legislative instrument made under subregulation (6), that the importation of the goods poses a risk to the health, safety or security of the public or a segment of the public.
Note: If the importation of goods fails the public safety test for weapons, the goods are generally prohibited from being imported (see subregulations 4H(1) and (1A)).
Rules relating to public safety test for weapons
For the purposes of this regulation, the Minister must, by legislative instrument, makes rules for and in relation to whether the importation of goods to which regulation 4H applies poses a risk to the health, safety or security of the public or a segment of the public.
Public includes emergency services personnel
To avoid doubt, a reference in this section to the public or a segment of the public includes a reference to emergency services personnel who serve the public.
In this regulation:
authorised person means an SES employee or an acting SES employee of the Department authorised in writing by the Minister for this regulation.
component of an ice pipe means a device that:
appears, on reasonable grounds, to be part of an ice pipe; and
is capable of being used for administering a drug mentioned in Schedule 4, in the way described in the definition of ice pipe, only if adjusted, modified or added to.
ice pipe means a device that is capable of being used for administering methylamphetamine, or any other drug mentioned in Schedule 4, by the drawing or inhaling of smoke or fumes resulting from heating the drug, in the device, in a crystal, powder, oil or base form.
The importation into Australia of an ice pipe or a component of an ice pipe is prohibited unless:
the person importing the ice pipe or the component of an ice pipe is the holder of a written permission granted by the Minister or an authorised person; and
the permission is produced to the Collector at or before the time of importation.
An application for the grant of a permission under subregulation (2) must be:
in writing; and
lodged with the Minister or an authorised person.
The Minister, or an authorised person, may ask an applicant for the grant of a permission to give to the Minister or authorised person any information that the Minister or authorised person may reasonably require for the purpose of making a decision in relation to the application.
A permission granted under subregulation (2) may specify:
conditions or requirements that the holder of the permission must comply with; and
a time at which the holder of the permission must comply with a condition or requirement, whether before or after the importation of the ice pipe to which the permission relates.
If the Minister or an authorised person is satisfied, on reasonable grounds, that the holder of a permission granted under subregulation (2) has not complied with any condition or requirement mentioned in the permission, the Minister or the authorised person may, by writing, revoke the permission.
(1) Subject to this regulation, the importation into Australia of woolpacks is prohibited unless permission in writing to import the woolpacks for a specified purpose has been granted by the responsible Minister or an authorised person.
A permission under this regulation is subject to the condition that the person to whom the permission is granted produces the permission if requested to do so by a Collector.
(2) A permission under this regulation may be subject to other conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, disposal or destruction of the woolpacks for the purpose of ensuring that the woolpacks are not used otherwise than for the purpose in relation to which the permission is granted.
Subregulation (1) does not apply in relation to unused woolpacks if a prescribed testing authority has issued a certificate stating that the woolpacks conform to Australian Wool Exchange Standard No. 3, published on 1 July 2013.
Subregulation (3) applies subject to the condition that the certificate is produced to a Collector on request.
(8) In this regulation:
authorised person means an officer or employee of the Department administered by the responsible Minister who is authorised in writing by the responsible Minister to grant a permission to import woolpacks.
prescribed testing authority means an Australian or overseas testing authority approved by the responsible Minister on the recommendation of the Australian Wool Exchange for the purposes of this regulation.
responsible Minister means the Minister administering the Primary Industries Levies and Charges Collection Act 2024.
In this regulation:
country includes an international organisation of states or a dependent territory of a country.
Interlaken Declaration means the Interlaken Declaration of 5 November 2002 on the Kimberley Process Certification Scheme for Rough Diamonds.
Kimberley Process means the international certification arrangement for rough diamonds adopted under the Interlaken Declaration.
Kimberley Process Certificate means a certificate that meets the minimum requirements for certificates specified in Part A of Annex 1 of the document known as the Kimberley Process Certification Scheme which accompanied the Interlaken Declaration.
original certificate means the original Kimberley Process Certificate mentioned in paragraph (2)(b).
Participant means a country that is a Participant in the Kimberley Process.
rough diamonds means diamonds that:
are unworked or simply sawn, cleaved or bruted; and
(b) are classified under heading 7102.10.00, 7102.21.00 or 7102.31.00 of Schedule 3 to the Customs Tariff Act 1995.
The importation of rough diamonds from a country is prohibited unless:
the country is a Participant; and
the country has issued a Kimberley Process Certificate for the rough diamonds; and
the original certificate is produced to a Collector at or before the time of importation; and
the rough diamonds are imported in a tamper resistant container.
The importer must:
retain the original certificate for a period of 5 years after the time of importation; and
(b) produce the original certificate to an employee of the Department administered by the Minister administering the Offshore Minerals Act 1994 if requested to do so within that period.
(1) In this regulation, unless the contrary intention appears:
authorised officer means:
(a) the CEO of ARPANSA, Australian Radiation Protection and Nuclear Safety Act 1998, appointed in writing by the Minister as an authorised officer for this regulation; orwithin the meaning of section 14 of the
an APS employee assisting the CEO in accordance with section 58 of that Act appointed in writing by the Minister as an authorised officer for this regulation.
Minister means the Minister administering the Australian Radiation Protection and Nuclear Safety Act 1998.
radioactive substance means any radioactive material or substance, including radium, any radioactive isotope or any article containing any radioactive material or substance.
(2) The importation into Australia of a radioactive substance is prohibited unless:
a permission in writing to import the substance has been granted by the Minister or an authorised officer; and
the permission is produced to a Collector.
(3) Where, in relation to an application for a permission under subregulation (2), an authorised officer has formed an opinion that the permission should not be granted, the authorised officer shall refer the application to the Minister.
If an application has been referred to the Minister under subregulation (3), the Minister may grant, or refuse to grant, the permission.
(5) A permission granted under subregulation (2) or (4) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify a time (being a time before or after the importation of the goods to which the permission relates) at or before which the condition or requirement shall be complied with by the holder.
If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Minister may, by writing, revoke the permission.
The Minister may revoke a permission under subregulation (6) whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act for not complying with the condition or requirement.
Subject to subregulation (2), the importation into Australia of a lighter is prohibited unless:
the person importing the lighter has:
completed a statutory declaration stating that a certificate of compliance, within the meaning of the American Standard, has been issued in accordance with that standard; and
produced that statutory declaration to the Collector; or
the Minister has granted a permission in writing for the lighter to be imported.
Subregulation (1) does not apply to a passenger, 18 years or older, importing no more than 5 lighters on a ship or aircraft.
(3) A permission granted under paragraph (1)(b) may specify:
the conditions or requirements to be complied with by the holder of the permission; and
the time, being a time either before or after the importation of the goods to which the permission relates, at or before which the condition or requirement is to be complied with by the holder of the permission.
If the holder of a permission granted under paragraph (1)(b) is required to comply with a condition or requirement and the holder of the permission fails to comply with the condition or requirement, the Minister may, by writing, revoke the permission.
In this regulation:
American Standard means the Consumer Product Safety Standard for Cigarette Lighters (16 CFR 1210):
set out in Part 1210, Title 16 of the Code of Federal Regulations; and
published in the Federal Register of the United States of America, Vol 58, No. 131, on 12 July 1993.
Disposable lighter means a flame producing device that is designed:
to light cigarettes, cigars or pipes; and
to be discarded when its fuel supply is exhausted, or to incorporate a separate container of fuel that is designed to be discarded when empty.
lighter means a disposable lighter, novelty lighter or refillable lighter.
Minister means the Minister administering Part 3-3 of Schedule 2 to the Competition and Consumer Act 2010.
Novelty lighter means a flame producing device that is designed:
to light cigarettes, cigars or pipes; and
either:
to have an entertaining audio or visual effect (other than producing a flame) (for example, playing musical notes or displaying flashing lights); or
to depict or resemble, in physical form or function, an article commonly recognised as appealing to, or intended to be used by, a young child (for example a cartoon character, drink, food, gun, musical instrument, toy, toy animal, vehicle or watch).
refillable lighter means a flame producing device that:
is designed to light cigarettes, cigars or pipes; and
is designed to be refilled with fuel; and
(c) has a customs value, determined under Customs Act 1901, of $5 or less.section 159 of the
The importation into Australia of a counterfeit credit, debit or charge card is prohibited unless:
a permission in writing to import the card has been given by the Minister; and
the permission is produced to a Collector.
A permission may specify:
conditions or requirements to be complied with by the holder of the permission; and
when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the card to which the permission relates.
If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Minister may, by writing, revoke the permission.
In this regulation:
Minister means the Minister administering the Australian Federal Police Act 1979.
The importation into Australia of goods mentioned in Schedule 12 is prohibited unless:
a permission in writing to import the goods has been given by the Minister; and
the permission is produced to a Collector.
A permission may specify:
conditions to be complied with by the holder of the permission; and
when the holder of the permission must comply with a condition, whether before or after the importation of the goods to which the permission relates.
If the holder of a permission does not comply with a condition of the permission, the Minister may, by writing, revoke the permission.
In this regulation:
Minister means the Minister administering Part 3-3 of Schedule 2 to the Competition and Consumer Act 2010.
In this regulation:
authorised officer means an officer of the Department administered by the Minister authorised in writing by the Minister for the purposes of this regulation.
Minister means the Minister administering the Anzac Day Act 1995.
In this regulation, a reference to the word ‘Anzac’ includes a reference to a word so nearly resembling the word ‘Anzac’ as to be likely to deceive.
The importation into Australia of goods the description of which includes the word ‘Anzac’ or goods bearing the word ‘Anzac’, or advertising matter relating to those goods, is prohibited unless:
the person importing the goods is the holder of a written permission granted by the Minister or an authorised officer; and
the permission or a copy of the permission is produced to the Collector at or before the time of importation.
An application for a permission under subregulation (3) must be in writing.
(5) A permission under subregulation (3) may specify conditions or requirements to be complied with by the holder of the permission and may, for any such condition or requirement, specify the time, (being a time either before or after the importation of the goods to which the permission relates), at or before which the condition or requirement must be complied with by the holder of the permission.
If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Minister or an authorised officer may, by writing, revoke the permission.
The Minister or authorised officer may revoke a permission under subregulation (6) whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act for not complying with the condition or requirement.
In this regulation:
authorised officer means an officer of the Department administered by the Minister authorised in writing by the Minister for the purposes of this regulation.
incandescent lamp means an incandescent lamp for general lighting services that has the following attributes as specified in the Australian/New Zealand Standard AS/NZS 4934.2(Int):2008 (‘Incandescent lamps for general lighting services Part 2: Minimum Energy Performance Standards (MEPS) requirements’):
a shape described as any of:
A50 to A65; or
PS50 to PS65; or
M50 to M65; or
T50 to T65; or
E50 to E65;
a cap described as E14, E26, E27, B15 or B22d;
a nominal voltage of ≥220 V;
a nominal wattage of <150 W;
but not including primary coloured lamps.
Minister means the Minister administering the Greenhouse and Energy Minimum Standards Act 2012.
The importation into Australia of an incandescent lamp is prohibited unless:
the person importing the incandescent lamp is the holder of a written permission granted by the Minister or an authorised officer; and
the permission or a copy of the permission is produced to the Collector at or before the time of importation.
An application for a permission under subregulation (2) must be in writing.
(4) A permission under subregulation (2) may specify conditions or requirements to be complied with by the holder of the permission and may, for any such condition or requirement, specify the time (being a time either before or after the importation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder of the permission.
If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Minister or an authorised officer may, by writing, revoke the permission.
The Minister or authorised officer may revoke a permission under subregulation (5) whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act for not complying with the condition or requirement.
In this regulation:
authorised person means a person authorised in writing by the Minister for this regulation.
cat fur means the pelt or hair of an animal of the species Felis catus.
cat or dog fur product means a product or other thing that consists, wholly or partly, of cat fur or dog fur.
dog fur means the pelt or hair of an animal of the species Canis familiaris.
The importation into Australia of cat fur, dog fur or a cat or dog fur product is prohibited unless:
permission to import the goods has been granted under subregulation (3) and is in force; and
the permission is produced to the Collector.
The Minister, or an authorised person, may, on application, grant a permission, in writing, for the importation of cat fur, dog fur or a cat or dog fur product.
An application:
must be in writing; and
must be lodged with the Minister or an authorised person.
The Minister, or an authorised person, may ask an applicant to give to the Minister or authorised person any information the Minister or authorised person may reasonably require for the purpose of making a decision in relation to the application.
In deciding whether to grant a permission, the Minister, or an authorised person, may take into account any matter that the Minister or authorised person considers relevant.
As soon as practicable after making a decision to grant, or not to grant, a permission, the Minister or authorised person must give written notice of the decision to the applicant.
A permission granted under subregulation (3):
may specify conditions or requirements to be complied with by the holder of the permission; and
for any such condition or requirement, may specify the time (being a time either before or after the importation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder of the permission.
The Minister, or an authorised person, may revoke a permission if the Minister or authorised person is satisfied that the holder has failed to comply with a condition or requirement of the permission.
If the Minister or an authorised person decides to revoke a permission, the Minister or authorised person must, as soon as practicable after making the decision, give written notice of the decision to the holder of the permission.
Application may be made to the Administrative Review Tribunal for review of a decision of the Minister or of an authorised person:
not to grant a permission; or
to grant a permission subject to a condition or requirement; or
to revoke a permission.
Notice of a decision mentioned in subregulation (7) or (10) must include a statement to the effect that:
(a) subject to the Administrative Review Tribunal Act 2024, a person affected by the decision may make an application to the Administrative Review Tribunal for review of the decision; and
a person whose interests are affected by the decision may request a statement of reasons for the decision under section 268 of that Act.
A failure to comply with subregulation (12) does not affect the validity of the decision.
The importation into Australia of security sensitive ammonium nitrate (SSAN) is prohibited unless:
both of the following requirements are met:
permission (whether in the form of a licence or otherwise) for the importation of the SSAN has been granted in writing by an authority of the State or Territory where the SSAN is to be located immediately after importation; and
the permission is produced to a Collector; or
permission to import the SSAN is not required under the law of the State or Territory where the SSAN is to be located immediately after importation.
In this regulation:
import sanctioned goods means goods that:
(a) are mentioned in an item of the table in subregulation 4A(2) of the Autonomous Sanctions Regulations 2011; or
have been designated as import sanctioned goods under subregulation 4A(3) of those Regulations.
Note: The items of the table in subregulation 4A(2) of the Autonomous Sanctions Regulations 2011 identify countries and goods that are import sanctioned goods for those countries. A designation under subregulation 4A(3) of those Regulations identifies countries and goods that are import sanctioned goods for those countries.
The importation of import sanctioned goods is prohibited if:
the goods originate in, or are exported from, the country for which they are import sanctioned goods; and
(b) the importation is not authorised in accordance with a permit granted under paragraph 18(1)(b) of the Autonomous Sanctions Regulations 2011.
The importation of goods is prohibited if:
(a) the goods are goods to which subregulation 4A(4) of the Autonomous Sanctions Regulations 2011 applies; and
the importation is not authorised in accordance with a permit granted under paragraph 18(1)(b) of those Regulations.
In this regulation:
arms or related matériel includes:
weapons; and
ammunition; and
military vehicles and equipment; and
spare parts and accessories for the things mentioned in paragraphs (a) to (c); and
paramilitary equipment.
authorised person means an officer of the Foreign Department authorised in writing by the Foreign Minister for this regulation.
paramilitary equipment means any of the following:
batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;
body armour, including:
bullet-resistant apparel; and
bullet-resistant pads; and
protective helmets;
handcuffs, leg-irons and other devices used for restraining prisoners;
riot protection shields;
whips;
parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).
seafood includes fish, crustaceans, molluscs and other aquatic invertebrates.
Subject to subregulation (2AA), the importation of all goods from the Democratic People’s Republic of Korea is prohibited unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.
(2AA) Subregulation (2) does not apply to the following:
food (except seafood);
medicine;
accompanied personal or household effects (except arms or related matériel) of a person who is a passenger, or a member of the crew, of a ship or aircraft, being effects that a Collector reasonably believes:
to be for the personal use of that person; and
if that person is not a resident of the Democratic People’s Republic of Korea—were not purchased in the Democratic People’s Republic of Korea.
(2AB) For the purposes of paragraph (2AA)(c), a Collector may take into account the quantities of the accompanied personal or household effects. This subregulation does not limit the matters a Collector may take into account.
An application for the written permission of the Foreign Minister or an authorised person mentioned in subregulation (2) must:
be in the form approved under subregulation (2B); and
contain the information required by the form; and
be signed as indicated by the form.
The Foreign Secretary may, in writing, approve a form for the purposes of subregulation (2A).
When deciding whether to give permission under subregulation (2), the Foreign Minister or an authorised person must take into account:
Australia’s relations with other countries; and
Australia’s obligations under international law.
A permission granted under subregulation (2) may specify, for the importation of the goods that it permits:
conditions or requirements, including times for compliance, to which the importation is subject; and
the quantity of the goods that may be imported; and
the circumstances in which the goods may be imported.
The Foreign Minister or an authorised person may revoke or modify a permission granted under subregulation (2) if there are reasonable grounds for believing that:
a condition or requirement of the permission has not been complied with or, unless modified, is unlikely to be complied with; or
permitting, or continuing to permit, the importation of goods in accordance with the permission would infringe the international obligations of Australia.
In this regulation:
authorised person means an employee of the Foreign Department, authorised in writing by the Foreign Minister to give permissions under this regulation.
import sanctioned goods means goods (within the meaning of the Act) that:
(a) are import sanctioned goods (within the meaning of the Charter of the United Nations (Sanctions—Iran) Regulations 2025); or
contain import sanctioned technology.
import sanctioned technology means import sanctioned goods (within the meaning of the Charter of the United Nations (Sanctions—Iran) Regulations 2025) that are technology.
The importation, from Iran, of import sanctioned goods is prohibited unless the permission, in writing, of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.
An application for the written permission of the Foreign Minister or an authorised person mentioned in subregulation (2) must:
be in the form approved under subregulation (2B); and
contain the information required by the form; and
be signed as indicated by the form.
The Foreign Secretary may, in writing, approve a form for the purposes of subregulation (2A).
A permission to import goods granted under subregulation (2) may specify for the importation:
conditions or requirements, including times for compliance, to which the importation is subject; and
the quantity of the goods that may be imported; and
the circumstances in which the goods may be imported.
When deciding whether to give permission under subregulation (2), the Foreign Minister or an authorised person must take into account:
Australia’s relations with other countries; and
Australia’s obligations under international law.
The Foreign Minister or an authorised person may revoke or modify a permission granted under subregulation (2) if there are reasonable grounds for believing that:
a condition or requirement of the permission has not been complied with or, unless modified, is unlikely to be complied with; or
permitting, or continuing to permit, the importation of goods in accordance with the permission would infringe the international obligations of Australia.
In this regulation:
arms or related matériel includes:
weapons; and
ammunition; and
military vehicles and equipment; and
spare parts and accessories for the things mentioned in paragraphs (a) to (c); and
paramilitary equipment.
authorised person means a person authorised under subregulation (7).
paramilitary equipment means any of the following:
batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;
body armour, including:
bullet-resistant apparel; and
bullet-resistant pads; and
protective helmets;
handcuffs, leg-irons and other devices used for restraining prisoners;
riot protection shields;
whips;
parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).
The importation, from the Libyan Arab Jamahiriya, of arms or related matériel is prohibited unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.
An application for the permission of the Foreign Minister or an authorised person under subregulation (2) must:
be in the form approved under subregulation (3A); and
contain the information required by the form; and
be signed as indicated by the form.
The Foreign Secretary may, in writing, approve a form for the purposes of subregulation (3).
A permission granted under subregulation (2) to import goods may specify for the importation:
conditions or requirements, including times for compliance, to which the importation is subject; and
the quantity of the goods that may be imported; and
the circumstances in which the goods may be imported.
When deciding whether to grant permission under subregulation (2), the Foreign Minister or an authorised person must take into account:
Australia’s relations with other countries; and
Australia’s obligations under international law.
The Foreign Minister or an authorised person may revoke or modify a permission granted under subregulation (2) if the Foreign Minister or authorised person is satisfied on reasonable grounds that:
a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or
permitting, or continuing to permit, the importation of goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.
The Foreign Minister may, in writing, authorise an SES employee or acting SES employee in the Foreign Department to give permissions under this regulation.
In this regulation:
authorised person means a person authorised under subregulation (8).
The importation, from Somalia, of charcoal is prohibited unless the written permission of the Foreign Minister or an authorised person is produced to a Collector at or before the time of importation.
An application for the permission of the Foreign Minister or an authorised person under subregulation (2) must:
be in the form approved under subregulation (4); and
contain the information required by the form; and
be signed as indicated by the form.
The Foreign Secretary may, in writing, approve a form for the purposes of subregulation (3).
A permission granted under subregulation (2) to import goods may specify for the importation:
conditions or requirements, including times for compliance, to which the importation is subject; and
the quantity of the goods that may be imported; and
the circumstances in which the goods may be imported.
When deciding whether to grant permission under subregulation (2), the Foreign Minister or an authorised person must take into account:
Australia’s relations with other countries; and
Australia’s obligations under international law.
The Foreign Minister or an authorised person may revoke or modify a permission granted under subregulation (2) if the Foreign Minister or authorised person is satisfied on reasonable grounds that:
a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or
permitting, or continuing to permit, the importation of goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.
The Foreign Minister may, in writing, authorise an SES employee or acting SES employee in the Foreign Department to grant permissions under this regulation.
(1) Subject to subregulations (2) and (2A), the importation into Australia of a drug is prohibited unless:
the person importing the drug is the holder of:
a licence to import drugs granted by the Secretary or an authorised person under this regulation; and
a permission to import the drug granted by the Secretary or an authorised person under this regulation;
the permission referred to in subparagraph (a)(ii), or a copy of the permission, is produced to the Collector;
the drug is imported within the period specified in the permission referred to in subparagraph (a)(ii); and
the quantity of the drug that is imported does not exceed:
except where subparagraph (ii) applies—the quantity specified in the permission referred to in paragraph (a)(ii) in relation to the drug; or
where the Collector has given a certificate or certificates under subregulation (14)—the difference between the quantity specified in the permission in relation to the drug and the quantity specified in the certificate, or, if more than one certificate has been given, the total of the quantities specified in those certificates, in relation to the drug.
(2) Subregulation (1) does not apply to or in relation to:
a drug in respect of the importation of which an approval is in force under subregulation (3); or
a drug that is imported into Australia by a person who is a passenger on board a ship or aircraft if the drug:
is required for the medical treatment of the person or of another passenger under the care of the person;
was prescribed by a medical practitioner for the purposes of that treatment; and
was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii); or
an importation that meets the requirements in paragraphs 5F(1)(a), (b) and (c).
Subregulation (1) does not apply to a drug that is imported into Australia by a person who is a passenger on board a ship or aircraft if the drug:
is required for the medical treatment of an animal that is being imported and is under the care of the person; and
was prescribed by a veterinarian for use in the animal for the purposes of that treatment; and
was supplied to the person in accordance with the prescription of the veterinarian.
The Minister may, on the recommendation of the Secretary, by legislative instrument, approve the importation into Australia of a drug that meets one or more of the following:
the drug is specified in, or included in a class of drugs specified in, the approval;
the drug is imported in a form (including a concentration) specified in the approval;
the drug is imported by a person, or class of persons, specified in the approval;
the drug does not exceed a value or amount specified in the approval;
the drug is imported in a way, or by a means, specified in the approval.
(4) An application for a licence to import drugs or for a permission to import a drug shall be in writing and shall be lodged with the Secretary.
(5) Where a person makes, in accordance with subregulation (4), an application for a licence or permission referred to in that subregulation, the Secretary or an authorised person shall, subject to this regulation, grant to the person the licence or permission, as the case may be.
(6) An applicant for a licence or permission referred to in subregulation (4) shall, on being so requested by the Secretary or an authorised person, furnish in writing to the Secretary such information as the Secretary or authorised person reasonably may require in relation to the application.
(7) The Secretary or an authorised person shall not grant to an applicant a licence to import drugs unless:
the applicant has furnished all the information requested by the Secretary or authorised person under subregulation (6);
the applicant is a fit and proper person to be granted a licence to import drugs;
the persons (if any) that the applicant:
has appointed, or proposes to appoint, as agents; or
has employed or proposes to employ;
for the purposes of the business carried on by the applicant in relation to drugs, are fit and proper persons to be so appointed as agents or so employed; and
the premises on which the applicant proposes to keep the drugs that will come within the applicant’s possession during the currency of the licence are secure for that purpose.
(8) A licence to import drugs shall, unless previously revoked, remain in force for such period as is specified in the licence.
(9) A licence to import drugs is granted subject to compliance by the holder of the licence with the following conditions or requirements:
the holder of the licence shall:
keep in safe custody at all times any drug that is in the holder’s possession; and
if the drug is moved from one place to another, take adequate precautions to ensure that the removal is safely carried out;
the holder of the licence shall take such reasonable precautions as the Secretary or an authorised officer, or the Comptroller-General of Customs, directs for the purpose of ensuring that there is no danger of loss or theft of any drug in the possession of the holder of the licence;
(c) the holder of the licence shall not dispose of any drug, being a drug, other than methaqualone, referred to in paragraph (a) of the definition of drug in subregulation (20), unless satisfied that the drug will be used solely for medical or scientific purposes;
the holder of the licence shall not dispose of the drug methaqualone unless satisfied that the drug will be used solely for scientific purposes;
the holder of the licence shall record in a book kept for that purpose:
the name and quantity of each drug that is in the holder’s possession and, where any such drug has been obtained from another person, the name and address of that other person;
where the holder of the licence supplies any quantity of a drug to another person—the quantity of the drug so supplied and the name and address of the other person; and
where the holder of the licence uses a drug in the manufacture of another drug or an exempted preparation—the quantity of the drug used, lost, destroyed, evaporated or wasted in that manufacture and the quantity and nature of the other drug or exempted preparation manufactured;
the holder of the licence shall, when required by the Secretary or an authorised officer, or the Comptroller-General of Customs, produce to that person for examination:
any book kept in accordance with paragraph (d); and
any drug in the possession of the holder of the licence;
the holder of the licence shall retain any book kept in accordance with paragraph (d) until the Secretary or an authorised person approves of its destruction;
the holder of the licence shall, within 5 days after the expiration of a report week, furnish to the Secretary a return setting out the entries recorded in respect of the report week in the book referred to in paragraph (d);
the holder of the licence shall, within 14 days after receiving a notice in writing from the Secretary or an authorised person, furnish to the Secretary such information as is requested in the notice, being information with respect to:
the orders for drugs placed with the holder of the licence within such period immediately preceding the date of the notice as is specified in the notice;
the orders for drugs that the holder of the licence reasonably expects to be placed with the holder within such period immediately following the date of the notice as is specified in the notice; or
any proposal of the holder of the licence to manufacture or sell by wholesale, within such period immediately following the date of the notice as is specified in the notice, a drug that the holder has not previously manufactured or sold by wholesale;
the holder of the licence shall in respect of each permission to import a drug that is granted to the holder during the currency of the licence, being a permission that specifies a condition or requirement to be complied with by the holder, comply with that condition or requirement.
(10) The Secretary or an authorised person shall not grant to an applicant a permission to import a drug unless:
the applicant has furnished all the information requested by the Secretary or authorised person under subregulation (6);
in the case of a drug that is included in Schedule 1 or 2 to the Single Convention:
(i) where the drug is required by the applicant for the manufacture of a drug at certain premises—if the Narcotic Drugs Act 1967 applies in relation to that manufacture, the applicant is, for the purposes of that Act, the holder of a manufacturer’s licence in relation to the manufacture of the last-mentioned drug at those premises and, if, under a law of the State or Territory in which those premises are situated, the manufacture of that drug is prohibited unless a licence to manufacture the drug has been granted under that law, the applicant is, for the purposes of that law, the holder of a licence authorising the applicant to manufacture the drug at those premises;
where the drug is required by the applicant for the purposes of the applicant’s business as a seller or supplier of drugs—the applicant is, under a law of the State or Territory in which the premises at or from which the applicant conducts that business are situated, the holder of a licence authorising the applicant to sell or supply the drug at or from those premises; or
where subparagraphs (i) and (ii) do not apply—the drug is required by the applicant for medical or scientific purposes;
in the case of a drug, other than methaqualone, that is not included in Schedule 1 or 2 to the Single Convention:
where the drug is required by the applicant for the manufacture of a drug at certain premises and, under a law of the State or Territory in which those premises are situated, the manufacture of the drug is prohibited unless a licence to manufacture the drug has been granted—the applicant is, for the purposes of that law, the holder of a licence authorising the applicant to manufacture the drug at those premises;
where the drug is required by the applicant for the purposes of the applicant’s business as a seller or supplier of drugs and, under a law of the State or Territory in which the premises at or from which the applicant conducts that business are situated, the sale or supply of the drug is prohibited unless a licence to sell or supply the drug has been granted—the applicant is, for the purposes of that law, the holder of a licence authorising the applicant to sell or supply the drug at or from those premises; or
(iii) where subparagraphs (i) and (ii) do not apply and the drug is a drug referred to in paragraph (a) of the definition of drug in subregulation (20)—the drug is required by the applicant for medical or scientific purposes;
where the drug is methaqualone—the drug is required for use by the applicant or by another person solely for scientific purposes; and
proper arrangements have been made by the applicant for the safe transportation and safe custody of the drug after the drug has been delivered for home consumption.
(11) A permission to import a drug shall be in writing and shall specify:
the name and address of the holder of the permission;
the name of the supplier of the drug and the supplier’s address in the country from which the drug is exported;
the name by which the drug is commonly known and the international non-proprietary name (if any) of the drug;
the quantity of the drug that the holder of the permission may import;
where the drug is a pharmaceutical product:
the form in which the drug is to be imported; and
(ii) in the case of a drug referred to in paragraph (d) of the definition of drug in subregulation (20)—the strength of the active ingredient, or each active ingredient, as the case may be, that is contained in, or is part of, the drug; and
the period during which the importation may be effected under the permission.
(12) A permission to import a drug shall not, where the drug is included in Schedule I or II of the Single Convention, specify, as the quantity of the drug that may be imported during the period specified in the permission, a quantity that, together with:
(a) the total quantity (if any) of the drug the importation of which during the year within which the specified period occurs (in this subregulation referred to as the relevant year) has already been authorised by the Secretary or an authorised person; and
the total quantity of the drug in respect of which, having regard to the information furnished to the Secretary under subregulation (6) or paragraph (9)(h) by other persons holding a licence to import drugs, those persons may reasonably be expected to apply for permission authorising the importation of the drug during the relevant year;
exceeds the amount that, in accordance with the requirements of the Single Convention, has been determined to be the maximum amount of that drug that may be imported into Australia during the relevant year.
(13) A permission to import a drug may specify conditions or requirements, including conditions or requirements with respect to the possession, safe custody, transportation, use or disposal of the drug, to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify the time, being a time before or after the importation of the drug, at which the condition or requirement is to be complied with by the holder of the permission.
(15) Where:
for reasons outside the control of the holder of a permission to import a drug, the quantity, or any part of the quantity, of the drug specified in the permission could not be imported, or cannot reasonably be expected to be imported, within the period specified in the permission; and
the holder of the permission (whether before or after the expiration of the period specified in the permission) applies in writing to the Secretary for a variation of the period during which the importation of the drug may be effected;
the Secretary or an authorised person may, by writing endorsed on, or attached to, the permission, specify a period other than the period specified in the permission as the period during which the importation of the drug may be effected.
(16) Where the Secretary or an authorised person has specified a period under subregulation (15) in relation to the importation of a drug, that period shall, for the purposes of paragraph (1)(c), be deemed to be the period specified in the permission.
(17) Where the holder of a licence to import drugs fails to comply with a condition or requirement set out in subregulation (9), the Secretary or an authorised person may revoke the licence, whether or not the holder of the licence is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirements.
(18) Where:
a permission to import a drug specifies a condition or requirement to be complied with by the holder of the permission; and
the holder of the permission fails to comply with the condition or requirement;
the Secretary or an authorised person may revoke the permission, whether or not the holder of the permission is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.
(18A) Where the Secretary or an authorised person makes a decision:
not to grant under subregulation (5) a licence to import drugs, or a permission to import a drug; or
to grant under subregulation (13) a permission, to import a drug, that specifies:
a condition or requirement to be complied with; or
a time at which a condition or requirement specified in the permission is to be complied with; or
not to specify under subregulation (15) a period, other than the period specified in a permission, as the period during which the importation of a drug may be effected; or
to revoke under subregulation (17) a licence to import drugs; or
to revoke under subregulation (18) a permission to import a drug;
the Secretary or the authorised person, as the case requires, must give to the applicant or the holder of the licence or the holder of the permission, as the case requires, notice in writing setting out the decision as soon as practicable after the making of the decision.
(19) The Secretary shall, before the commencement of each year, cause to be published in the Gazette in relation to that year, a notice entitled ‘Movements of Drugs of Dependence Calendar’ in which shall be set out the periods that are, for the purposes of this regulation, report weeks in respect of that year.
(20) In this regulation:
authorised officer means an officer of the Department authorised in writing by the Secretary to be an authorised officer for paragraph (9)(b) or (e).
authorised person means a person authorised in writing by the Secretary to be an authorised person for the purposes of this regulation.
Department means the Department administered by the Minister administering the Therapeutic Goods Act 1989.
derivative means:
in relation to a chemical or compound—any substance chemically derived from the chemical or compound and from which the chemical or compound may be regenerated, and includes a salt of the chemical or compound; and
in relation to an isomer, or a mixture of isomers, of a chemical or compound—any substance chemically derived from the isomer or mixture of isomers and from which the isomer or mixture of isomers may be regenerated, and includes a salt of the isomer or mixture of isomers.
drug means:
a chemical, compound, or other substance or thing, that is included in Schedule 4;
an isomer or a mixture of isomers of a chemical or compound referred to in paragraph (a);
a derivative of:
a chemical or compound referred to in paragraph (a); or
an isomer or mixture of isomers referred to in paragraph (b);
a substance or thing, other than an exempted preparation, that contains, or consists in part of:
a chemical, compound, or other substance or thing, referred to in paragraph (a);
an isomer or mixture of isomers referred to in paragraph (b); or
a derivative referred to in paragraph (c); or
a chemical or compound, other than a chemical or compound that is a drug by virtue of another paragraph of this definition, that, in the manufacture by a chemical process of a chemical or compound referred to in paragraph (a), is an immediate precursor of that chemical or compound.
exempted preparation means a substance or thing that is a preparation included in Schedule III to the Single Convention.
manufacture means:
in relation to a drug—the carrying out of any process by which the drug may be obtained and includes:
the refining of the drug;
the transformation of another drug into the drug;
the mixing or compounding of 2 or more drugs to make the drug;
the preparation of tablets, pills, capsules, ampoules or other pharmaceutical products consisting of, or containing, the drug; and
the packing or re-packing of the drug;
but does not include the carrying out of any process referred to in subparagraph (iii), (iv), or (v) that is carried out by, or under the responsibility of, a person in the course of business as a pharmacist for the purpose of supplying a quantity of the drug to another person; and
in relation to an exempted preparation—the carrying out of any process by which the exempted preparation may be obtained other than such a process carried out by, or under the responsibility of, a person in the course of business as a pharmacist for the purpose of supplying the exempted preparation to another person.
medical practitioner means a person authorised to practice as a medical practitioner under the law of a State, a Territory or another country.
report week means each period that is set out as being a report week in a notice published in accordance with subregulation (19).
Secretary means the Secretary to the Department.
Single Convention means the Single Convention on Narcotic Drugs, 1961, being the Convention of that name that was adopted and opened for signature at New York on 30 March 1961, as amended and existing on the commencement of this regulation.
year means a period of 12 months commencing on 1 January.
Prohibition on importation of vaping goods
Subject to subregulations (2) to (4), the importation into Australia of vaping goods is prohibited unless:
the person importing the vaping goods is the holder of:
a licence to import the vaping goods granted by a prescribed authority under this regulation; and
a written permission to import the vaping goods granted by a prescribed authority under this regulation; and
the permission, or a copy of the permission, is produced to the Collector; and
the importation is by means other than post.
Note: A number of expressions used in this regulation are defined in subregulation (19), including the following:
disposable vape;
vape;
vape accessory;
vape substance;
vaping goods.
(2) Subregulation (1) does not apply to the importation of vaping goods by a person (the first person) on board a ship or aircraft, if:
the vaping goods are presented by the first person as being for use in connection with the treatment of the first person or one or more other persons on board the ship or aircraft who are under the care of the first person; and
the vaping goods do not include more than the following for each person referred to in paragraph (a):
2 vapes;
20 vape accessories that are cartridges, capsules or pods;
200 ml of vape substances in liquid form.
Subregulation (1) does not apply to:
an importation that meets the requirements of:
paragraphs 5(1)(a) to (d); or
paragraph 5(2)(b); or
an importation of a disposable vape or a vape accessory containing a substance, if the importation of that substance meets the requirements of:
paragraphs 5(1)(a) to (d); or
paragraph 5(2)(b).
Subregulation (1) does not apply to vaping goods in respect of the importation of which an approval is in force under subregulation (5).
The Minister may, by legislative instrument, approve the importation into Australia of vaping goods that meet one or more of the following:
the vaping goods are specified in, or included in a class of vaping goods specified in, the approval;
the vaping goods are imported in a form (including a concentration) specified in the approval;
the vaping goods are imported by a person, or class of persons, specified in the approval;
the vaping goods do not exceed a value or amount specified in the approval;
the vaping goods are imported in a way, or by a means, specified in the approval.
Applications for licences and permissions
An applicant for a licence or a permission to import vaping goods must:
make the application on the form approved by the Secretary; and
lodge the application with a prescribed authority; and
give to the prescribed authority any information that the prescribed authority reasonably requires for the purpose of making a decision on the application.
Dealing with applications for licences
A prescribed authority must not grant an applicant a licence to import vaping goods unless:
the applicant has given the prescribed authority all the information required by the prescribed authority under paragraph (6)(c); and
the prescribed authority is satisfied that the applicant is to import the vaping goods:
for vaping goods other than disposable vapes—for the purposes of manufacture and supply as part of the applicant’s business or only for the purposes of supply or use for medical or scientific research; or
for disposable vapes—only for the purposes of supply or use for medical or scientific research; and
the applicant is registered for GST; and
the applicant has an ABN; and
if the applicant is required, under a law of a State or Territory in which the applicant conducts business, to hold a licence or other approval (however described) in relation to the vaping goods—the applicant holds the relevant licence or approval.
In considering whether to grant a licence, the prescribed authority may consider any relevant matter.
Conditions of licences
A licence may specify:
conditions or requirements to be complied with by the holder of the licence; and
when the holder must comply with a condition or requirement, whether before or after the importation of the vaping goods to which the licence relates.
A licence to import a disposable vape is, in addition to any condition specified in the licence under subregulation (9), subject to the condition that the disposable vape must be used only for the purposes of supply or use for medical or scientific research.
Revocation of licences
If:
a licence to import vaping goods specifies a condition or requirement to be complied with by the holder of the licence; and
the holder of the licence fails to comply with the condition or requirement;
the Secretary or an authorised officer may, in writing, revoke the licence, whether or not the holder of the licence is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.
Dealing with applications for permissions
A prescribed authority must not grant an applicant a permission to import vaping goods, unless:
the applicant is the holder of a licence granted under subregulation (1) to import the vaping goods; and
one or more of the following apply:
(i) the vaping goods are included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989;
the vaping goods meet the notification requirements in subregulation (13);
the vaping goods are to be imported only for the purposes of supply or use for medical or scientific research and a notice, in a form approved in writing by the Secretary, has been given to the Secretary stating that the goods are being imported only for that purpose;
the vaping goods are to be imported for a purpose specified for the goods by the Secretary under subregulation (14) and a notice, in a form approved in writing by the Secretary, has been given to the Secretary stating that the goods are being imported only for a purpose specified for the goods;
the vaping goods are vaping goods of a kind specified by the Secretary under subregulation (15).
For the purposes of subparagraph (12)(b)(ii), vaping goods meet the notification requirements in this subregulation, if:
(a) for a vaping good that is a therapeutic cannabis vaping good within the meaning of the Therapeutic Goods (Medical Devices) Regulations 2002—a notice, in a form approved by the Secretary, has been given to the Secretary stating that the device:
(i) complies with the essential principles (within the meaning of the Therapeutic Goods Act 1989); or
is imported with the consent of the Secretary under section 41MA or 41MAA of that Act; or
for any other vaping goods:
(i) a notice in relation to the vaping goods has been given in accordance with paragraph (a) of the column headed “Conditions” of item 2.17 of Therapeutic Goods (Medical Devices) Regulations 2002; orPart 2 of Schedule 4 to the
(ii) a notice in relation to the vaping goods has been given in accordance with paragraph (a) of the column headed “Conditions” of item 2.18 of Therapeutic Goods (Medical Devices) Regulations 2002; orPart 2 of Schedule 4 to the
(iii) a notice in relation to the vaping goods has been given in accordance with paragraph (a) of column 3 of item 15 of Schedule 5A to the Therapeutic Goods Regulations 1990; or
(iv) a notice in relation to the vaping goods has been given in accordance with paragraph (a) of column 3 of item 16 of Schedule 5A to the Therapeutic Goods Regulations 1990.
(14) The Secretary may, by legislative instrument, specify purposes for the purposes of subparagraph (12)(b)(iv). The Secretary may specify a purpose only if the Secretary is satisfied that the purpose is not inconsistent with the objects of the Therapeutic Goods Act 1989.
The Secretary may, by legislative instrument, specify kinds of vaping goods for the purposes of subparagraph (12)(b)(v).
Conditions of permissions
A permission may specify:
conditions or requirements to be complied with by the holder of the permission; and
when the holder must comply with a condition or requirement, whether before or after the importation of the vaping goods to which the permission relates.
A permission to import a disposable vape is, in addition to any condition specified in the permission under subregulation (16), subject to the condition that the vape must be used only for the purposes of supply or use for medical or scientific research.
Revocation of permissions
If:
a permission to import vaping goods specifies a condition or requirement to be complied with by the holder of the permission; and
the holder of the permission fails to comply with the condition or requirement;
the Secretary or an authorised officer may, in writing, revoke the permission, whether or not the holder of the permission is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.
Definitions
In this regulation:
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
authorised officer means an officer of the Department authorised by the Secretary under subregulation (21) to be an authorised officer.
authorised person means a person authorised by the Secretary under subregulation (22) to be an authorised person.
Department means the Department administered by the Minister administering the Therapeutic Goods Act 1989.
disposable vape means a vape:
(a) of the kind referred to in paragraph (a) of the definition of vape in this regulation; and
that is fully assembled with all the constituent components fixed permanently in place and that is not designed or intended to be disassembled; and
that:
is pre-filled with a vape substance; or
is designed or intended to be supplied pre-filled with a vape substance; and
that is not designed or intended to be refilled.
Minister means the Minister administering the Therapeutic Goods Act 1989.
prescribed authority means any of the following:
the Secretary;
an authorised officer;
an authorised person.
registered for GST means registered under the GST Act.
Secretary means the Secretary of the Department.
vape means:
a device (whether or not filled with a vape substance) that generates or releases, or is designed or intended to generate or release, using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user; or
a device to which paragraph (a) would apply were the device not incomplete, damaged, temporarily or permanently inoperable, or unfinished; or
a device the presentation of which includes an express or implied representation that the device is a device of the kind referred to in paragraph (a) or (b).
Note 1: Examples of devices that are not vapes include the following:
humidifiers;
diffusers;
nebulisers;
inhalers.
Note 2: This definition is affected by subregulation (20).
vape accessory means:
a cartridge, capsule, pod, vial, dropper bottle, drip bottle or other vessel:
that contains, or that is designed or intended to contain, a vape substance; and
whether or not integrated with other components of a vape; or
a vessel the presentation of which includes an express or implied representation that the vessel is a vessel of the kind referred to in paragraph (a).
Note: This definition is affected by subregulation (20).
vape substance means:
a liquid or other substance designed or intended for use in a vape; or
nicotine in solution in any concentration, including in salt or base form; or
a substance the presentation of which includes an express or implied representation that the substance is a substance of the kind referred to in paragraph (a).
Note: This definition is affected by subregulation (20).
vaping goods means:
a vape; or
(b) a vape accessory; or
a vape substance.
Note: A good may be covered by more than one paragraph of the definition.
(20) For the purposes of paragraph (c) of the definition of vape, paragraph (b) of the definition of vape accessory, and paragraph (c) of the definition of vape substance, in subregulation (19):
the presentation of a device, vessel or substance includes matters in relation to:
the name of the device, vessel or substance; and
the labelling and packaging of the device, vessel or substance; and
any advertising or informational material associated with the importation of the device, vessel or substance; and
a device, vessel or substance may be presented as being a kind of device, vessel or substance even if the presentation:
is capable of being misleading or confusing as to the content or proper use or identification of the device, vessel or substance; or
suggests that the device, vessel or substance has ingredients, components or characteristics that it does not have.
(21) For the purposes of the definition of authorised officer in subregulation (19), the Secretary may, in writing, authorise an officer of the Department to be an authorised officer for the purposes of this regulation.
(22) For the purposes of the definition of authorised person in subregulation (19), the Secretary may, in writing, authorise the Administrator of an external Territory to be an authorised person for the purposes of this regulation.
Importation of kava food product without permission is prohibited
The importation into Australia of a kava food product is prohibited unless:
the person importing the kava food product is the holder of a permission to import the kava food product granted by the Secretary or an authorised person under this regulation; and
the permission or a copy of the permission is produced to the Collector; and
the importation is by means other than post.
Permitted drug importations exempt from prohibition under this regulation
Subregulation (1) does not apply to or in relation to:
an importation that meets the requirements in paragraphs 5(1)(a), (b), (c) and (d); or
a drug that is imported as mentioned in paragraph 5(2)(b) or subregulation 5(2A); or
a drug in respect of the importation of which an approval is in force under subregulation 5(3).
Application for permission
An applicant for a permission to import a kava food product must:
make the application on the form approved by the Secretary; and
lodge the application with the Secretary or an authorised person; and
give to the Secretary or authorised person any information that the Secretary or authorised person reasonably requires for the purpose of making a decision on the application.
Dealing with application for permission
The Secretary or an authorised person must not grant to an applicant a permission to import a kava food product unless:
the applicant has given the Secretary or authorised person all the information required by the Secretary or authorised person under paragraph (3)(c); and
the Secretary or authorised person is satisfied that the applicant is to import the kava food product for the purposes of selling it as part of the applicant’s business; and
the applicant is registered for GST; and
the applicant has an ABN.
In considering whether to grant a permission, the Secretary or authorised person may consider any relevant matter.
A permission may specify:
conditions or requirements to be complied with by the holder of the permission; and
when the holder must comply with a condition or requirement, whether before or after the importation of the kava food product to which the permission relates.
Revocation of permission
If:
a permission to import a kava food product specifies a condition or requirement to be complied with by the holder of the permission; and
the holder of the permission fails to comply with the condition or requirement;
the Secretary or an authorised person may revoke the permission, whether or not the holder of the permission is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.
Definitions
In this regulation:
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
authorised person means a person who is authorised by the Secretary under subregulation (9) to be an authorised person.
Department means the Department administered by the Minister administering the Therapeutic Goods Act 1989.
kava food product means a food mentioned in section 2.6.3—3 of the Australia New Zealand Food Standards Code, as in force at the commencement of the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2023.
registered for GST means registered under the GST Act.
Secretary means the Secretary to the Department.
Authorised persons
(9) For the purposes of the definition of authorised person in subregulation (8), the Secretary may, in writing, authorise the following to be an authorised person for the purposes of this regulation:
an officer of the Department;
the Administrator of Norfolk Island.
The importation into Australia of a substance mentioned in Schedule 7A is prohibited unless:
the person importing the substance is the holder of a permission to import the substance granted in writing by the Secretary or an authorised person; and
the permission is produced to a Collector.
Subregulation (1) does not apply to a substance if:
the substance is required for the medical treatment of a person who is a passenger on a ship or aircraft; and
the substance is imported into Australia on the ship or aircraft; and
the substance was prescribed by a medical practitioner for that treatment; and
the amount of the substance imported does not exceed the amount of the substance prescribed by the medical practitioner for the person receiving the treatment.
However, the exception in subregulation (2) does not apply to a substance if the substance is required for the medical treatment of:
(a) a person who is an athlete Sport Integrity Australia Act 2020; orwithin the meaning of section 4 of the
a person who:
(i) is a support person Sport Integrity Australia Act 2020; andwithin the meaning of section 4 of the
has come to Australia for purposes relating to the performance of an athlete, the management of an athlete or the management of an athlete’s interests.
Examples of purposes mentioned in subparagraph (3)(b)(ii)
1 Coaching or training an athlete.
2 Providing medical treatment or physiotherapy to an athlete.
3 Managing an athlete.
4 Managing public relations for an athlete.
A permission may specify:
conditions or requirements to be complied with by the holder of the permission; and
when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the substance to which the permission relates.
If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Secretary may, in writing, revoke the permission.
In this regulation:
authorised person means a person who is authorised by the Secretary under subregulation (7) to be an authorised person.
Department means the Department administered by the Minister administering the Therapeutic Goods Act 1989.
medical practitioner means a person authorised to practice as a medical practitioner under a law of a State, a Territory or another country.
Secretary means the Secretary to the Department.
(7) For the purposes of the definition of authorised person in subregulation (6), the Secretary may, in writing, authorise the following to be an authorised person for the purposes of this regulation:
an officer of the Department;
the Administrator of Norfolk Island.
In this regulation:
authorised person means a person who is authorised by the Secretary under subregulation (1A) to be an authorised person.
Department means the Department administered by the Minister administering the Therapeutic Goods Act 1989.
Secretary means the Secretary to the Department.
(1A) For the purposes of the definition of authorised person in subregulation (1), the Secretary may, in writing, authorise the following to be an authorised person for the purposes of this regulation:
an officer of the Department;
the Administrator of Norfolk Island.
(2) The importation into Australia of goods specified in Schedule 8 to these Regulations is prohibited unless the Secretary or an authorised person has, by instrument in writing, granted permission to import the goods and the instrument is produced to the Collector.
(3) A permission under this regulation shall be subject to such conditions imposing requirements or prohibitions on the person to whom the permission is granted with respect to the custody, use, disposal or destruction of the goods, as the Secretary or authorised person, as the case may be, thinks necessary to ensure that the goods are not used otherwise than for the purpose for which the permission is granted.
(4) Where:
a permission granted under subregulation (2) is subject to a condition to be complied with by a person; and
the person fails to comply with the condition;
then the Secretary may revoke the permission whether or not the person is charged with an offence under subsection 50(4) of the Act in respect of the failure to comply with the condition.
(1) In this regulation:
decision has the same meaning as in the Administrative Review Tribunal Act 2024.
Initial decision means a decision:
of the Secretary, or an authorised person, under subregulation 5(5), (13), (15), (17) or (18); or
of a prescribed authority under subregulation 5A(1), (9), (11), (16) or (18); or
of the Secretary, or an authorised person, under subregulation 5F(1), (6) or (7); or
of the Secretary, or an authorised person, under subregulation 5G(1) or (5); or
of the Secretary, or an authorised person, under subregulation 5H(2) or (4).
Minister means the Minister administering the Therapeutic Goods Act 1989.
(2) A person whose interests are affected by an initial decision may request the Minister to reconsider the decision by notice in writing given to the Minister within 90 days after the decision first comes to the person’s notice.
(3) The Minister must reconsider the initial decision as soon as practicable after receiving a request under subregulation (2), and may:
confirm the initial decision; or
revoke the initial decision; or
revoke the initial decision and make a decision in substitution for that decision.
(4) If a person who has made a request under subregulation (2) does not receive notice of the decision of the Minister on reconsideration within 60 days of the making of the request, the Minister is to be taken to have confirmed the original decision.
(5) After reconsideration of an initial decision, the Minister must give the applicant a notice in writing stating:
the result of the reconsideration; and
(b) that the applicant may, except where subsection 269(7) of the Administrative Review Tribunal Act 2024 applies, request a statement of reasons for the decision on reconsideration and may, subject to that Act, make an application to the Administrative Review Tribunal for review of that decision.
(6) If written notice of the making of an initial decision is given to a person whose interests are affected by the decision, the notice is to include a statement to the effect that a person whose interests are affected by the decision may:
seek a reconsideration of the decision under this regulation; and
(b) subject to the Administrative Review Tribunal Act 2024, if the person is dissatisfied with the decision upon reconsideration, make an application to the Administrative Review Tribunal for review of that decision.
(7) Any failure to comply with the requirements of subregulation (5) or (6) in relation to a decision does not affect the validity of the decision.
(8) An application may be made to the Administrative Review Tribunal for review of a decision under subregulation (3).
In this regulation:
authorised officer means a person authorised under subregulation (1A).
Minister means the Minister administering the Agricultural and Veterinary Chemicals Code Act 1994.
The Minister may authorise, in writing, an officer of the Department administered by the Minister to grant permissions under this regulation.
(2) The importation into Australia of:
goods, being certain organochlorine chemicals specified in items 2, 3, 10 and 11 of Schedule 9;
goods, being any chemical or compound that may be derived from an organochlorine chemical so specified and from which such a chemical may be regenerated; and
goods, being any isomer of an organochlorine chemical so specified, or any substance derived from such an isomer and from which such an isomer may be regenerated;
is prohibited unless:
the Minister or an authorised officer has granted a permission in writing to import the goods; and
the permission is produced to a Collector.
The importation into Australia of:
goods, being certain organochlorine chemicals specified in items 1, 4, 5, 6, 7, 8, 9, 12 and 13 of Schedule 9; and
goods, being any chemical or compound that may be derived from an organochlorine chemical so specified and from which such a chemical may be regenerated; and
goods, being any isomer of an organochlorine chemical so specified, or any substance derived from such an isomer and from which such an isomer may be regenerated;
is prohibited unless:
(d) if the chemical is an active constituent or a chemical product as defined in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994:
(i) a permission to import the chemical has been granted in writing under the Agricultural and Veterinary Chemicals (Administration) Regulations 1995; and
the permission is produced to a Collector; or
in any other case:
the Minister or an authorised officer has granted a permission in writing to import the goods; and
the permission is produced to a Collector.
An application for a permission under paragraph (2)(d) or (2A)(e) must be:
in writing; and
lodged with an authorised officer.
An authorised officer may ask an applicant for a permission under paragraph (2)(d) or (2A)(e) to give to the authorised officer any information that the authorised officer or the Minister reasonably requires in order to decide whether the permission should be granted.
(3) Where, in relation to an application for a permission under subregulation (2) or (2A), an authorised officer has formed an opinion that the permission should not be granted, the authorised officer shall refer the application to the Minister.
(4) Where an application has been referred to the Minister under subregulation (3), the Minister may grant, or refuse to grant, the permission.
(5) A permission granted under subregulation (2), (2A) or (4) may specify conditions or requirements to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify a time (being a time before or after the importation of the goods to which the permission relates) at or before which the condition or requirement shall be complied with by the holder.
(6) Where:
a permission granted under subregulation (2), (2A) or (4) is subject to a condition or requirement to be complied with by a person; and
the person fails to comply with the condition or requirement;
the Minister may revoke the permission whether or not the person is charged with an offence under subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.
(1) In this regulation:
authorised person means:
an APS employee in the Foreign Department, authorised in writing by the Foreign Minister to give permission to import prescribed goods into Australia for the purpose of this regulation; or
a person holding a statutory office established under legislation administered by the Foreign Minister, authorised in writing by the Foreign Minister to give permission to import prescribed goods into Australia for the purpose of this regulation.
CAS number, for a chemical compound, means the Chemical Abstracts Service number, which is the registry number:
assigned to the compound by the Chemical Abstracts Service, Columbus, Ohio, United States of America; and
(b) published by the Service in the journal Chemical Abstracts.
Chemical Weapons Convention means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, opened for signature in Paris on 13 January 1993.
Prescribed goods means goods containing any of the following chemical compounds:
a chemical compound mentioned in column 2 of an item in Part 2, 3 or 4 of Schedule 11;
a chemical compound belonging to a group of compounds mentioned in column 2 of an item in Part 2, 3 or 4 of Schedule 11.
Notes
The Chemical Abstracts Service number of a chemical compound mentioned in column 2 of an item is shown in column 3 of the item.
For chemical compounds mentioned by type in column 2 of an item in Part 2 of Schedule 11, Chemical Abstracts Service numbers for compounds comprising the type are not mentioned in column 3.
The importation into Australia of prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 or 3 of Schedule 11 from a country that is not a State Party to the Chemical Weapons Convention is prohibited absolutely.
The importation into Australia of prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 or 3 of Schedule 11 from a country that is a State Party to the Chemical Weapons Convention is prohibited unless:
the Foreign Minister or an authorised person has given permission in writing to import the goods; and
the permission is produced to the Collector.
(2AA) The importation into Australia of prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 4 of Schedule 11 is prohibited unless:
the Foreign Minister or an authorised person has given permission in writing to import the goods; and
the permission is produced to a Collector.
(2AB) A permission under paragraph (2A)(a) for prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 3 of Schedule 11, or under paragraph (2AA)(a):
may be given for the importation of more than 1 shipment; and
remains in force for the period specified in the permission, which may be no more than 1 year from the day the permission is given.
(2AC) However, subregulations (2), (2A) and (2AA) do not apply to prescribed goods that contain a chemical compound mentioned in Part 3 (except item 1, 2 or 3) or 4 of Schedule 11, or a chemical compound belonging to a group of compounds mentioned in Part 3 (except item 1, 2 or 3) or 4 of Schedule 11, if:
the chemical compound is less than 10%, by weight, of the goods; and
there is no other chemical compound, or chemical compound belonging to a group of compounds, mentioned in Part 2, 3 or 4 of Schedule 11 in the goods.
The Foreign Minister or an authorised person must not give permission to import prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 2 of Schedule 11 unless an application for the permission is received at the Australian Safeguards and Non-Proliferation Office at least 30 days before the day when it is proposed to import the goods.
However, subregulation (2B) does not apply to prescribed goods that contain saxitoxin if:
there is not more than 5 milligrams of saxitoxin in the goods; and
the goods are to be used for medical or diagnostic purposes only; and
the goods do not contain any other chemical compound, or chemical compound belonging to a group of compounds, mentioned in column 2 of an item in Part 2 of Schedule 11.
Subregulation (2B) also does not apply to a permission to import prescribed goods for the purposes of either or both of the following:
the analysis of chemical samples on behalf of the Organisation for the Prohibition of Chemical Weapons established under the Chemical Weapons Convention, if those samples have been sent from or on behalf of that Organisation;
proficiency testing in relation to the analysis of chemical samples as described in paragraph (a).
(3) If an authorised person dealing with an application for a permission believes that the permission should not be given:
the authorised person must refer the application to the Foreign Minister; and
the Foreign Minister may give, or refuse to give, the permission.
(4) A permission for the importation of prescribed goods may:
include conditions or requirements to be complied with by the holder of the permission; and
set a time (being a time before or after the importation of the goods to which the permission relates) at or before which a condition or requirement must be complied with by the holder.
(5) The Foreign Minister or an authorised person may revoke a permission if:
it is subject to a condition or requirement; and
the holder fails to comply with the condition or requirement (whether or not the person is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement).
Prohibition
The importation into Australia (except from an external Territory) of the following is prohibited unless subregulation (2) applies:
a scheduled substance (within the meaning of the OPSGGM Act);
equipment that contains such a substance;
equipment that uses such a substance in its operation, if the equipment or the substance (or both) is prescribed by regulations made for the purposes of paragraph 13AA(5)(d) of the OPSGGM Act.
Exception
This subregulation applies if:
none of subsections 13AA(1), (3) and (5) of the OPSGGM Act are contravened in relation to the importation; and
if the importation is allowed by a licence granted under section 16 of that Act:
the licence, or a copy of the licence, is produced to a Collector; and
in the case of a substance imported in a non-refillable container—the conditions (if any) prescribed by regulations made for the purposes of item 7 of the table in subsection 18(1) of that Act in relation to the container and the import are satisfied.
Note 1: A suspended licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4) of the OPSGGM Act.
Note 2: A number of provisions of the OPSGGM Act affect whether a person contravenes subsection 13AA(1), (3) or (5) of that Act. See (for example):
section 12B of that Act (importation of CFCs, halons, HCFCs, HFCs and PFCs for use on board ships or aircraft); and
for the importation of a substance—subsection 13AA(2) of that Act; and
for the importation of equipment containing a substance—subsections 13AA(4), (6), (7), (8) and (9) of that Act; and
for the importation of equipment that uses a substance in its operation—subsections 13AA(6), (7), (8) and (9) of that Act.
References to substances and equipment
Section 9 of the OPSGGM Act (references to scheduled substances and equipment) applies in relation to this regulation as if this regulation were a provision of that Act.
Definition
In this regulation:
equipment has the same meaning as in the OPSGGM Act.
OPSGGM Act means the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989.
In this regulation:
authorised person means a person authorised in writing by the Minister for this regulation.
human embryo clone has the meaning given by section 8 of the Prohibition of Human Cloning for Reproduction Act 2002.
Minister means the Minister administering the Prohibition of Human Cloning for Reproduction Act 2002.
viable material means living tissue and cells.
The importation into Australia of viable material derived from human embryo clones is prohibited unless:
the Minister or an authorised person has granted permission in writing; and
the permission is produced to a Collector at or before the time of importation.
The permission may specify conditions or requirements, including times for compliance, to which the importation is subject.
The Minister or an authorised person may, by notice in writing to the holder of the permission, revoke a permission granted under paragraph 2(a) if the holder of the permission engages in conduct that contravenes a condition or requirement mentioned in subregulation (3).
For subregulation (4), the Minister or an authorised person may revoke the permission whether or not the holder of the permission is charged with an offence under subsection 50(4) of the Act.
Application may be made to the Administrative Review Tribunal for review of a decision of the Minister or of an authorised person:
not to grant a permission; or
to grant a permission specifying a condition or requirement; or
to revoke a permission.
Notice of a decision referred to in subregulation (6) is to include a statement to the effect that:
(a) subject to the Administrative Review Tribunal Act 2024, a person affected by the decision may make an application to the Administrative Review Tribunal for review of the decision; and
a person whose interests are affected by the decision may request a statement of reasons for the decision under section 268 of that Act.
A failure to comply with subregulation (7) does not affect the validity of the decision.
In this regulation:
Asbestos and Silica Safety and Eradication Agency means the Agency referred to in section 6 of the Asbestos and Silica Safety and Eradication Agency Act 2013.
authorised person means a person authorised by the Work Health and Safety Minister under subregulation (5).
Comcare means the body corporate established under section 68 of the Safety, Rehabilitation and Compensation Act 1988.
corresponding WHS law has the same meaning as in the Work Health and Safety Act 2011.
engineered stone has the same meaning as in the Work Health and Safety Regulations 2011.
The importation into Australia of engineered stone in the form of benchtops, panels or slabs is prohibited unless:
the Work Health and Safety Minister or an authorised person has granted permission in writing, and a copy of the permission is produced to a Collector on request at or before the time of importation; or
(b) Comcare has confirmed in writing that the proposed use of the goods is for a purpose mentioned in paragraph (3)(a) and is permitted under the Work Health and Safety Act 2011 (Cth), and a copy of the confirmation is produced to a Collector on request at or before the time of importation; or
all of the following apply:
an authority of a State or Territory has confirmed in writing that the proposed use of the goods is for a purpose mentioned in paragraph (3)(a);
the authority is an authority of the State or Territory in which the goods are to be used for that purpose;
a copy of the confirmation is produced to a Collector on request at or before the time of importation; or
(d) the importation is of a kind of benchtops, panels or slabs that is the subject of an exemption granted under subregulation 684(1) or 689A(1) of the Work Health and Safety Regulations 2011, or a corresponding WHS law, and a copy of the exemption is produced to a Collector on request at or before the time of the importation.
A permission under paragraph (2)(a) may only be granted if the Work Health and Safety Minister or authorised person is satisfied that:
the importation is for either or both of the following purposes:
for genuine research and analysis;
to sample and identify engineered stone; or
there are exceptional circumstances that justify the importation.
The permission may specify conditions or requirements, including times for compliance, to which the importation is subject.
The Work Health and Safety Minister may, in writing, authorise a person for the purposes of this section if the person is:
the Chief Executive Officer of the Asbestos and Silica Safety and Eradication Agency; or
a person who holds, or is acting in, a position in the Department that is equivalent to or higher than a position occupied by an SES employee.
The provisions of these Regulations are in addition to, and do not derogate from, the operation of any other law of the Commonwealth relating to the importation of goods into Australia.
The Foreign Secretary may, in writing, delegate to an SES employee, or acting SES employee, in the Foreign Department one or more of the Foreign Secretary’s functions or powers under these Regulations.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) A person performing functions or exercising powers under a delegation under subregulation (1) must comply with any written directions of the Foreign Secretary under subregulation (3).
The Foreign Secretary may, in writing, give directions for the purposes of subregulation (2).
(1) The amendment of regulation 5 made by the Customs and Other Legislation Amendment (Australian Border Force) Regulation 2015 applies in relation to licences granted under regulation 5 before, on or after 1 July 2015.
A direction given by the CEO under paragraph 5(9)(b) and in force immediately before 1 July 2015 continues in force on and after that day under that paragraph as if it had been given by the Comptroller-General of Customs.
A requirement made by the CEO before 1 July 2015 as mentioned in paragraph 5(9)(e) that had not been complied with before that day is taken on and after that day to have been a requirement made by the Comptroller-General of Customs.
An application under subitem 5.8 of 1 July 2015 is taken on and after that day to be an application to the Comptroller-General of Customs.Part 3 of Schedule 6 that is pending immediately before
A certificate issued by the CEO under subitem 5.10 of 1 July 2015 continues in force on and after that day under that subitem as if it had been issued by the Comptroller-General of Customs.Part 3 of Schedule 6 and in force immediately before
If before 1 July 2015 a person had informed the CEO of a change in the person’s circumstances as mentioned in subitem 5.11 of Part 3 of Schedule 6, then on and after that day the person is taken to have informed the Comptroller-General of Customs of the change.
(1) The amendments of these Regulations made by the Customs (Prohibited Imports) Amendment (Firearms and Other Weapons) Regulation 2015 (the amending regulation) apply in relation to:
an application for permission for or consent to the importation of an article or goods made on or after the commencement of the amending regulation; and
the importation of an article, or goods, on or after the commencement of the amending regulation, subject to subregulation (3).
The amendments of these Regulations made by the amending regulation apply, on and after the commencement of the amending regulation, in relation to an application for permission for, or consent to, the importation of an article or goods that had not been finally determined immediately before that commencement, as if the application had been made on or after that commencement.
However, the amendments of these Regulations made by the amending regulation do not apply in relation to the importation of an article, or goods, whether before, on or after the commencement of the amending regulation, if, immediately before that commencement, a permission or consent was in force for that importation.
A permission:
granted under subregulation 4C(2); and
(b) in force immediately before the commencement of the Customs Legislation Amendment (Asbestos) Regulations 2019 (the amending regulations);
continues in force (and may be dealt with) as if it had been granted under that subregulation as amended by the amending regulations.
A confirmation:
provided in accordance with paragraph 4C(3)(b); and
in force immediately before the commencement of the amending regulations;
continues in force (and may be dealt with) as if it were a confirmation for the purposes of paragraph 4C(1)(ba) as amended by the amending regulations.
The Customs (Prohibited Imports) (Importation of Hemp Seeds and Hemp Derived Products) Approval 2018 continues in force on and from the commencement of the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2019 (the amending Regulations) as if it had been made under subregulation 5(3) of this instrument as amended by the amending Regulations.
A permission:
granted under subregulation 4A(2); and
(b) in force immediately before the commencement of the Customs Legislation Amendment (Objectionable Goods) Regulations 2020 (the amending regulations);
has effect, from that commencement, as if it were a permission granted under paragraph 4A(2)(a) as amended by the amending regulations.
The amendments of these Regulations made by the Minamata Convention on Mercury (Consequential Amendments) Regulations 2021 apply in relation to the importation of mercury into Australia on or after the commencement of that instrument.
(1) The amendments of this instrument, made by the Customs Legislation Amendment (Flags) Regulations 2022, apply in relation to goods imported into Australia on or after the commencement of this regulation.
Item 10A of the table in Schedule 3 also applies on and after the commencement of this regulation in relation to goods:
specified in item 15 of the table in Schedule 2 as in force immediately before that commencement; and
covered by a permission:
granted under subregulation 4(1) or (1AB); and
in force immediately before that commencement; and
imported into Australia on or after that commencement;
as if the conditions, restrictions or requirements specified in that table item in Schedule 3 were complied with for the goods.
Note: An application:
for a permission under subregulation 4(1) or (1AB) to import goods mentioned in paragraph (2)(a); and
that is made before the commencement of this regulation; and
that has not been finally dealt with before that commencement;
lapses on that commencement.
The repeal and substitution of the definition of authorised person in subregulation 4G(7) made by Part 1 of Schedule 1 to the Customs (Prohibited Imports) Amendment (Tablet Press and Encapsulator Administration) Regulations 2023 does not affect an authorisation in force immediately before the commencement of that Part.
The amendment of these Regulations made by Customs Legislation Amendment (Japan—Australia Reciprocal Access Agreement) Regulations 2023 applies in relation to goods imported into Australia on or after the commencement of that Part.Part 1 of Schedule 1 to the
In this regulation:
amending regulations means the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2023.
The amendments of Schedule 4 to these Regulations made by Part 1 of Schedule 1 to the amending regulations apply in relation to drugs imported into Australia on or after the commencement of that Part.
A person who was an authorised person for the purposes of regulation 5F of these Regulations immediately before the commencement of Part 1 of Schedule 1 to the amending regulations is, on and after that commencement, taken to be an authorised person for the purposes of that regulation as in force immediately after the commencement of that Part.
A person who was an authorised officer for the purposes of regulation 5G or 5H of these Regulations immediately before the commencement of Part 1 of Schedule 1 to the amending regulations is, on and after that commencement, taken to be an authorised person for the purposes of that regulation as in force immediately after the commencement of that Part.
A permission in force under regulation 5F, 5G or 5H of these Regulations immediately before the commencement of Part 1 of Schedule 1 to the amending regulations continues in force on and after that commencement (and may be dealt with) as if it had been granted under that regulation as in force immediately after the commencement of that Part.
Subregulation 5A(1) of these Regulations, as inserted by Schedule 1 to the Customs Legislation Amendment (Vaping Goods) Regulations 2023, applies in relation to:
disposable vapes imported into Australia on or after 1 January 2024; and
any other vaping goods imported into Australia on or after 1 March 2024.
The amendments of these Regulations made by Customs Legislation Amendment (Drugs Scheduling) Regulations 2024 apply in relation to drugs imported into Australia on or after the commencement of that Part.Part 1 of Schedule 1 to the
The amendments of these Regulations made by the Customs (Prohibited Imports) Amendment (Chemical Weapons) Regulations 2024 apply in relation to a permission given on or after the commencement of that instrument.
The amendments of these Regulations made by Customs Legislation Amendment (Drugs) Regulations 2025 apply in relation to drugs imported into Australia on or after the commencement of that Part.Part 1 of Schedule 1 to the
(1) The amendments of these Regulations made by Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to goods imported into Australia on or after the commencement of that Part.Part 1 of Schedule 1 to the
(2) The amendments of these Regulations made by of Schedule 2 to the Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to:Part 4
any application for permission to import goods into Australia made at or after the commencement of that Part; and
any application for permission to import goods into Australia made before that commencement that has not been finally decided; and
any documentation given at or after that commencement to facilitate the importation of goods into Australia; and
any documentation given before that commencement to facilitate the importation of goods into Australia, where the goods are imported into Australia on or after that commencement.
(3) The amendments of these Regulations made by Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to:Part 5 of Schedule 2 to the
any application for permission to import goods into Australia made at or after the commencement of that Part; and
any application for permission to import goods into Australia made before that commencement that has not been finally decided; and
any documentation given at or after that commencement to facilitate the importation of goods into Australia; and
any documentation given before that commencement to facilitate the importation of goods into Australia, where the goods are imported into Australia on or after that commencement.
(4) The amendments of these Regulations made by Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 apply in relation to:Part 6 of Schedule 2 to the
any documentation given at or after the commencement of that Part to facilitate the importation of goods into Australia; and
any documentation given before that commencement to facilitate the importation of goods into Australia, where the goods are imported into Australia on or after that commencement.
In this regulation:
amending regulations means Schedule 1 to the Charter of the United Nations Legislation Amendment (Sanctions) Regulations 2026.
commencement time means the commencement of this regulation.
new regulations means these Regulations as amended by the amending regulations.
old regulations means these Regulations as in force immediately before the commencement time.
For the purposes of the new regulations, an instrument that:
was made under subsection 4A(1) of the Act; and
was in force immediately before the commencement time; and
approved the approved form mentioned in the provision of the old regulations mentioned in column 1 of an item of the following table;
continues in force (and may be dealt with) on and after the commencement time as if it had been made under the provision of the new regulations mentioned in column 2 of the item.
The Schedules